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I am sorry it's so long and badly punctuated :love: . This whole situation is complicated and I needed to vent. The paternal side of my family is no longer speaking to me and I am trying to keep the maternal side of my family, who are no blood relation to the child, out of it because some of them work for CPS. And there is no use in all of us being stressed :banana:
The daughter of my half brother and his ex was taken into CPS custody at 9 months of age. They have since relinquished their rights after not meeting reunification goals and facing losing the child she was carrying as well as any other children born.
My step mom was denied custody in the beginning.
No other relatives were looked at for placement and my "family" didn't even tell CPS about me, a teacher who has 10 years experience of teaching and working with abused and neglected children and 3 years in college working with special needs children.
The family would have rather seen my niece in foster care than placed with me 5 hours away.
I called the caseworker and told her I would be more than willing to provide care if no family in their county could. The worker was shocked they didn't tell her about me because in her words I was the "perfect placement" with childcare experience , training and no criminal history.
My niece was with a wonderful foster family for 9 months, until the background checks, fingerprinting, homestudy, reference checks and all other formalities had been completed.
It took twice as long because of dealing with 2 counties.
The maternal grandparents have only seen her three times in the nine months before she was placed in foster care. They told CPS they had no interest in taking the child in when this all started more a year ago.
According to my brothers ex, they didn't want anything to do with her or the baby because the baby is biracial.
My brothers ex even told her parents while she was pregnant the child she just gave birth to, who is also my brother's child, was not his and was not biracial.
It was only then that her wealthy parents took her in, bought her a house and a new car.
Before that, she was homeless, 8 months pregant and living in a shelter and I was the one driving 5 hours to give her visitation, making sure she got to her visits and taking her back to the shelter before curfew.
The M. Grandparents saw my niece once in the 14 months since she's been in CPS custody. That was just in August during mom's court ordered post termination visits until adoption. ( She's been with me 5 months and CPS is waiting to start adoption until she has been with me 6 months and that is 8 days before her 2nd birthday which is when all subsidy will kick in.)
During that 1 vist with the m. Grandparents, they gave me a "gift" of $300, which I immediately tried to give back.
They said "Its only money. We have plenty of it and we can always make more. Its not fair that you have to incur the cost of all the visitations and travel alone."
They thanked me for taking her in and taking such good care of her.
Imagine my shock when these Grandparents that have had nothing to do with her filed a motion to modify the termination order giving them possessory conservatorship and said I begged them for the money they gave me and they fear for her emotional well being and physical health because they think I am incapable of providing financially for her.
Here I am, trying to do the right thing by a adopting her so she will still get to know both sides of her family and still have some relationship with her biological parents.
I have one set of grandparents who wanted nothing to do with this baby taking me to court in 4 days and the whole paternal side threatening to because they thought I would get her and after termination I would just give her back and place her in the same situation as before.
(With a paternal grandmother who had temporary guardianship at the time she was taken and kicked them out, allowing 2 addicts to take the baby she had guardianship of with them)
The CPS caseworkers in the county of origin, the former ad litem, CPS attorney and the CPS and Kinship workers in my county are all on my side and have written letters to be submitted to the court on my behalf.
It's still up to the judge and the what-ifs have kept me stressed and upset for the past 3 weeks.
CPS said it's unfortunate that both sides of the famiily all of a sudden want to step up after termination and CPS has legal custody of her and she and I are stuck in the middle.
I am scared out of my mind of losing her THIS close to adoption.
What a sad story for the child and you. I don't think this is too uncommon for family to step in towards the end. I've experienced it myself.
I hope things work out and all is resolved soon!
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After tpr, others have very little chance of getting custody, especially if the child is already placed with kin who want to adopt the child. Very likely their petition will be thrown out. They can keep your adoption from happening sooner than later, but I'm pretty positive it WILL happen.
They terminated rights . . . is that correct? So, then there was a 90 day window for any family to contest the TPR. Obviously, you stepped up. Did anyone else say anything within that 90 day time frame? If not, according to what I understand they lost their right to the child at that time.
At least that is how it works in a non-kinship adoption. I don't know if the rules are different for you but it doesn't seem like it should be.
So sorry you and this little girl are going thru this. I agree with pp. My gut tells me you are the one who ends up adopting her. Please let us know what happens.
BTW, the one with the most money does not always win ! :bullwhip:
The filed the motion to modify within the 90 days. The 90 days don't expire until the 20th of this month.
do you have an attorney you are using for the adoption? Will they give you counsel and support? i am so sorry it is a mess. We have messy, too. :)
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The state said they will give me $1500 to pay for an adoption lawyer once she turns 2 and her case is transferred to the adoption unit.
She won't be 2 for another 30 days.
The motion to modify was filed within the 90 day window and a week before her case was to be transferred to the adoption unit.
Her caseworker and CPS attorney have said we have nothing to worry about and the motion to modify will most likely just postpone it being transferred to the adoption unit.
CPS has said they feel the grandparents only want custody of her to give her back to her mother whose rights have been terminated and they are willing to testify to that in court.
Thanks everyone for the support.
TexasMusicalDramedy
CPS has said they feel the grandparents only want custody of her to give her back to her mother whose rights have been terminated and they are willing to testify to that in court.
In that case, all should go well for you and your little one. It may get drawn out a little longer but just hang in there. We will say some extra prayers that the judge makes the best decision for your little one.
It would be different if you were a foster parent, and then family stepped up to get her.
But, the fact that you are already family, the judge would have no reason to have her moved again to just another family member.
The judge will see through this. Why move a child when she's perfectly happy where she is with a family member.
Pls keep us posted on what happens. I'm sure all will be well.
I would suggest you go ahead and talk to an attourny now, they might be willing to wait to get paid.
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The G'Parents attorney said in court they felt she was in immediate harm, so the cw and ad litem had to drive 5 hours for a home visit, that day, after court.
They took pics of the entire house and found nothing wrong. I then had to drive 5 hours for the continuance the next day.
With the testimony of CPS, and my own testimony, the judge said she saw no danger and had no intentions of moving her.
She said instead of a legal fight, they should be helping more because I am doing this all on my own, with no help from anyone.
She said it was a shame that the family has fallen apart over this, called it a sad situation, and said she wants this moved to adoption ASAP.
The GP's still had a day and a half to file anything new before the 90 days were up. I hope this is the end of the battle.
Thank you all for the kind words and advice.
This is Wonderful news! So glad the judge saw that your home is right for your little girl. Please let us know when the adoption takes place. We pray nothing will happen in that day and a half time frame for the GP's to stir the pot any more.