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My Husband and I have been trying to get our three grandchildren for awhile now.It started some years ago when the children were taken out of the home.My step daughter had been going to classes and failing drug test...etc.The courts have now said that the kids either have to be adopted by us or by the foster family that they are with.The foster family has told the courts that they would not fight us on this since we are family.The caseworker of the case in New Jersey,along with the CASA worker etc,stated to the court that they wanted the children to stay with the foster family because of the size of our home and us not having a relationship with the children.When the case worker from New Jersey came to visit with the children she keep bringing up the size of our home and what we would do about that.My husband and I told her that we would get a bigger house when we knew for sure that we were gonna get the kids.The foster family that they are with already have a bigger car and sleep in bunk beds in the room.I'm not really sure what the difference is since the kids would do the same thing when they came until we found a bigger house.We have already been through the criminal background check and passed all the things that Texas and New Jersey requires and when we finish up the classes will be licensed.The children and us have not had a relationship due to them being moved around in foster care,we cant call the foster families so,I'm not sure how they expect us to have had a relationship with them.The children are now 6 and 7 and the courts will be making a decision soon,I just want to know if we have a chance to get the children.We don't want to be doing all of this work in vain and not even having a chance of getting the kids.The caseworker in NJ states that there is a 50/50 chance of what the judge will say.My step daughter explained to them that she would not sign over her parental rights to no one but us,but whos to say what the court will do.
My question is in the state of New Jersey do family members have more rights over foster families in the state of New Jersey or what is the law on this?
I just want to know that my husband and I have a shot and are not spinning our wheels.In Texas we have already been approved and the paperwork is complete.The individuals in DYFS state that they should stay where they are and my daughter and her lawyer are fighting for them to come with us.We would have applied sooner but were just now notified of the situation,I think that they have been living with the foster parents for like 8 to 9 months
Hang in there. It can take a long time to get resolution to cases like you describe. I know there have been a number of family members on these boards who had to fight to gain custody of family members.
If the foster family is not opposing the move, could you request being allowed to make regular phone calls to the kids? Perhaps they would allow you to mail letters and small packages. Kids love to get things in the mail. If allowed you could send pictures and little notes maybe. I know you said the kids have only been with the FP for about 9 months but how long have they been in foster care total? Did they have a relationship with you previously? That could be a factor.
Interstate moves seem to take a particularly long time to resolve.
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