[pozarnsk]

We have been fostering our 3 year old for 5 months now. No one in his immediate family has made any effort to get it together during this time. It however appears now that an aunt that does not no our foster child and he does not know her may come forward. Do we have any legal rights to fight this right now? We really feel that this boy needs a clean break from this family in order to succeed in his life. And I'm not just saying that to be selfish becuase we want to keep him....

Any advice helps,

Jared

[tpakra]

Have you contacted a lawyer yet? I would say that you should. The battle against relative can be hard, but they can also be won. My family is proof. I'm not sure of all the circumstances surrounding your case, so I can't say that you would definitely win (and we all know that there is never a definite answer with foster care). But I did want to let you know that we were chosen to adopt our son over the great aunt. Good luck.

[pozarnsk]

How do I go about finding a lawyer? I have never hired one before.........Also at what point did you start fighting? When they started the home study for the great aunt for example?

Thanks,

-Jared

[Bailey071097]

Finding a GOOD lawyer is sometimes tricky. Lawyers specialize in their areas, so you ABSOLUTELY NEED to find one that works with CPS and knows family law! I myself would shy away from one that knows family law but has never worked on a CPS case.

I have one lawyer that was the ad-litem for a previous foster child that I think is one of the best in town. There are others that would be a second and third choice, and one that I wouldn't recommend if my life depended on it -- all from experience in them represting our fosters. So.... if you don't have some experience with ad-litems from previous foster children (you can not use the one for your current fosters), I would recommend contacting other foster/adopt parents to get their recommendations.

[shy_bear]

Am I missing something here?? I understand 100% that you love this little guy, but the goal is to either RU with birthparents or find a bio relative in fc, then if none of those pan out they turn to the fp's. If the aunt passes all the steps necessary to move forward then she has every right to do so. If she were found not to be a suitable match that is different. I don't mean to sound harsh at all. I know when we had our first foster baby I was so in love with her and was devasted when she left. The system moves at a snails pace so with that said 5 months is not that long at all. I wish you the best.

[hubbyswife]

Honestly, this is my frustration and I'm sure not meant to debate this. But not all foster kids fits into this.... yea in a perfect world they would but this isn't a perfect world.

There are many variables in each case that we (well I) don't discuss on this message board b/c of confidentiality and I won't discuss the case here. I ask for general things while giving general info.

I get tired of the none advice here. If u want to debate it then go to another thread. The OP was asking a question and didn't need the harshness and especially since you and neither do I know the particulars of the fc's case. She gave a brief background which i'm sure there's more to than that but she isn't gonna say.

Kids are not furniture or animals. They are humans and they bond. The lil guy will have to have another loss and will have to bond again. Kids can only take so much. While 5 mths is not that long in legal or adult terms, it is huge to kids.

Believe me, I'm pretty sure EVERY foster parent knows that REUNIFICATION is always # 1 and then relatives then foster parents....

[straightblues]

You don't need any family law attorney, you need an attorney who speicalizes in foster/adoption. I would post which State you are in and look for refferals from this board.

What I did is went to the courtroom where my case was being heard. I went a couple of times to see who were the attorneys working there. I then waited outside the courtroom until the attorney came out and started talking with them. I found the right one rather quickly.

You need someone who knows the Judge, the county counsel and the Children's Attorney if at all possible. I would also only hire someone if they appear in that court on a regular basis (minimum every other week.).

You need an attorney now!!!

[straightblues]

I should add one more thing, the social worker and the children's counsel will recommend that you don't hire an attorney. They don't like when foster parents assert their rights. It means more work for them. It means that they will be forced to do their job and be accountable. It works really well. Do it now.

[shycar]

Jared what a tough situation. Is this a legal risk placement or just a foster care? That could make a difference. I think you need to find out what your state says in this matter. A lawyer could answer that. In our state the child has to live with you for longer then six months before we have any rights to the child. Just a warning. I know of a couple who fought (their lawyer suggested not to) and they lost. Not only did they lost the child, but also the county would not place anymore children with them. Solcial worker were affraid they would fight every case. They even suggested them to adopt another county. Dont want to dicourage, but just be prepared.

Has the homestudy started for the aunt? If not I would wait. She could back down_our son's aunt backed down, becouse her hubby was not wanting to adopt him. She could also not pass the homestudy. Also what if she is a good person that could give this child the love and support he needs and later the knowledge of his b-family, which will be very important to the child once he grows. This is a tough situation and you should think very carefully ahead.

Hubbywifes-I do believe Shy Bear was giving advice. Her advice was not to fight, becouse we are foster-parents and our job is for ru with family. I personally agree with her. In our agency we have a contract, a legal binding contract stating that fact. Our job is to help and care these children. To help them be ru with family. Plus I also try to see the aunts view. Believe me if I had a nephew out there (even if I did not know him) I would fight to have him with me. Just becouse some or most family was bad does not make every one a bad and unfit parent. If we were all judge by our family, instead of ourselves I think no one would be a fit parent.

Jared good luck with everything. I just ask to keep your mind open to all the suggestions and advice given to you. Keep us posted.