[tnt12697]

We are foster parents to a 2 year old boy. He has been with us for 16 months. He had weekly visits with both parents until about 2 months ago. They had a hearing to terminate both parental rights and change goal to adoption. Rights were terminated, but Dad's sister showed up to hearing and filed for custody. She has had no contact with our foster child since we have had him. We really want to adopt him. Does VA recognize us as kin since we have the stronger bond and he has been with us the majority of his life? He is attached to both of us and has seperation issues. I can only imagine how hard it would be for him to leave us as well as for us to let him go. This aunt has been aware that he has been in foster care. She expressed interest when he was first placed but did not follow through. If you have any advice or hope, we would really appreciate it.

[yanknrebel]

Well I don't know how it works in VA, but I can tell you that here in TN we were told that if the parents rights were terminated, then the "aunt" is no longer a relative. That child is no longer a part of that family. Hence the aunt would have no more rights then any one off the streets.If the parent's rights have been terminated, then there is no longer any kin form within that family on either side. Hope this helps.

yanknrebel

[JocelynC]

I'm pretty sure you're right. If TPR has already occured, then it's too late for the "aunt". She is no longer considered his relative, and has no more of an advantage in adopting him than any other person.

[Imdamommy]

If you have had him over a year then you are considered his family and if there has been a TPR then his bio. family is no longer considered family. The judge and the dept. will take into account his bond with you, and also if he has had any contact, letters, gifts from the aunt. Sorry to hear that you are going through this. Hopefully the aunt will realize that if she truly loved him, she would not try to take him away from the only family he knows and loves. Although it will be painful for her, it is truly what is best for this little boy.

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