[tmz12476]

I posted below about the possibility that we may lose our 6 year old Foster-to-adopt daughter due to biodad presenting a 2nd cousin to take care of her (this happened 24 hours before the last review hearing - and the only review hearing bio-dad eer showed up to). Note: She has been in the system for more than 44 months. Bio-dad has not seen her in the majority of those months (if he has ever seen her since she was removed). Birth parents rights were to be terminated in February...

Does the cousin have rights to the child? More rights than we as foster/adoptive parents? He has not had contact with her since she was in care. Will there be a "process" for him? I know they are doing a homestudy but is there more to the process? He works for children and youth in some capacity so does that give him more rights/chances to care for her?

I am trying to understand and see if we even have a shot at keeping her. I do not want to lose this child...not just for my sake but for hers. I know she will be heartbroken. She loves us as much as we love her. We have 2 bio-sons. The youngest and our FD are only 8 months apart and they have become best friends. They adore each other.

[craftingmama]

honestly, he has rights because he's family. that's the way FEDERAL law reads. sucks for foster families hoping to adopt, but it's the reality of the system.

[MomwithFive]

Originally Posted by tmz12476

I posted below about the possibility that we may lose our 6 year old Foster-to-adopt daughter due to biodad presenting a 2nd cousin to take care of her (this happened 24 hours before the last review hearing - and the only review hearing bio-dad eer showed up to). Note: She has been in the system for more than 44 months. Bio-dad has not seen her in the majority of those months (if he has ever seen her since she was removed). Birth parents rights were to be terminated in February...

Does the cousin have rights to the child? More rights than we as foster/adoptive parents? He has not had contact with her since she was in care. Will there be a "process" for him? I know they are doing a homestudy but is there more to the process? He works for children and youth in some capacity so does that give him more rights/chances to care for her?

I am trying to understand and see if we even have a shot at keeping her. I do not want to lose this child...not just for my sake but for hers. I know she will be heartbroken. She loves us as much as we love her. We have 2 bio-sons. The youngest and our FD are only 8 months apart and they have become best friends. They adore each other.

I think that as a relative he may have rights but the courts do look at relationships/attachments also and they also look at the effort a family member puts in to establishing a relationship to the child prior to them coming in to care. It sounds as if neither party put much effort in to establishing a relationship with the child. But, anything can happen. I wish you and your family the best.