Social Worker Suggested We Get a Lawyer Today

MomShan...it sounds like the SW is on your side and willing to do whatever it takes to help. The following general thoughts are just for your evaluation to try to help you get your head together to decide what you want to do.If you are in agreement that it's time for some legal help, an attorney is the way to go.Put together a whole scene that clearly spells out what you want from the court.Many attorneys provide a free first consultation to see if there is enough evidence to go to court. You will want an attorney familiar with the adoption laws in your state. Neither the court or the attorney will try to second guess. The attorney will make clear what rights you have and how to move forward. If the SW has provided names of several attorneys she may or may not suggest which of the several names she provided, works best. Once the Judge knows what your intentions are, he can make a decision.The attorney may be able to get the court to set some parameters for requiring the b-mom to meet court ordered conditions. If she fails to meet those conditions, that may be grounds to go back to court and ask the Judge for additional directions.I wish you the best.

It's worth the time to at least sit down with an attorney and find out where you stand legally now. You need to find an attorney who works with fostering/adoption and the like, so they will know this aspect of the law. Most will not charge you for the time, but even if they do, it will be well worth your $$ and time. I would think that if the SW is saying, get a lawyer, then the SW is trying to let you know that this may be the avenue you need to take to get the permanency your FC needs.

But isn't it sorta weird that DCS in this case isn't filing TPR themselves? I didn't know that foster parents had to take that responsibility...

I was wondering if maybe the SW knows something, but can't say. Maybe she knows that if the foster parents get an attorney and file as a party to the case or de facto parents, then that would kick DCS into action. Just my thoughts anyway.

My dcfs sw suggested that to us to, So we did hired an attorney ; we are de facto parents now.

How long were you fostering the child (or children)? What does de facto status bring you? Have you had any resolution to your case? Thanks a bunch.

@ MonShan Well we had our fs since May 09/ and the de facto gives us legal standing in court we have a voice. The tpr (26) is set for 2/1 but the hearing keep getting continue so we will see what will happen next. my attorney says we have a good chance.

Congratulations. You have found the rare and hard to find Excellent SW. :banana: I hope to find one someday. I hear they exist;) hehe But really... Congratulations.