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Hello everyone, I have a question about fictive kin-do they use this term in Florida and who would qualify for fictive kin? The reason I am asking is because we had the TPR trial for my fd on March 14th and the parents ended up surrendering their rights in the middle of the trial. The maternal grandmother did try to intervene just before the trial began, she hired an attorney the night before and showed up with him-tried to file a motion to intervene but the judge didn't allow it because she's not a party to the case. She stated she wanted to adopt her granddaughter (my fd) but the Asst State Attorney objected on the grounds that there would have to be an approved home study attached to the motion and there was not one. Also stated she did not feel a home study would be approved due to the grandma being on probation for manslaughter of a child (her own). So the judge denied the motion and the trial began. Fast forward to today, I am now hearing through the GAL that a woman claiming to be my fd's godmother has hired the same attorney the paternal grandmother hired, and has submitted an expedited home study and wants to adopt my fd. I asked the GAL who this woman was and apparently it is the girlfriend of the MGM (she is gay). She told the GAL she lives alone and had a relationship with my fd before she was removed. When the GAL asked her where she has been during the last 18+ months my fd has been in care, she stated she was trying to give the birth mom room to work her case plan. This all sounds pretty crazy to me. My fd is being moved Friday (at my request) to another foster family that is willing to adopt her once she is legally free. They already have a relationship with her because they have been doing respite for me (the reason I am asking her to be moved is because of a family emergency plus I am not an adoptive placement and this family would be). I'm just wondering if its possible for this "Godmother" to get priority over the new foster family because of the fictive kin thing-which I'm not sure exactly what that is but I've seen the term used on these boards. Sorry its so long, but I am just curious as to what is going to happen to this case and I would hate to put the new foster/adoptive mom through he-- with this placement. She is willing to work with her behaviors knowing that she may be able to adopt her but I would hate for her to work with her for months just for her to go to someone else, although I know that is the breaks of fostering! I would appreciate any insight you might have!
Florida does not use the term "fictive kin." We have: foster placements, relative placements, and non-relative placements.
This would be a non-relative placement.
How old is the child?
If the child is a little that hasn't seen this person in 18 months, a strong argument could be made that the child already has a non-relative (the other FP) who has a current relationship and why not place with those people?
My GAL attorney could make hash of that "I was giving mom room" argument.
If an older child, who actually does have a relationship with the godmother, they might get quite a bit of preference.
OTOH, the fact that she's in a relationship with someone who has already been denied bodes ill for her. If they live together, it's a Really Big Negative (almost certain to be denied).
There are absolutely no guarantees and a lot will depend on how well the parties present their cases.
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Thanks Lemonpie! That makes sense, just wasn't sure about that "fictive kin" term but you clarified, she is a non-relative, and no, she has not had a relationship since before my fd went into care and I'm not even sure she had one then. My fd has no idea who she is-no memory of her at all. I have never heard of her either. My fd is 3. She has been in care over half of her life at this point. I just wondered if I should even bother bringing this up to her new foster mom who intends on adopting her. I don't want to worry her by bringing this up unless it actually is a true possibility, which I really don't think it is, because I know that here the foster parent gets first "right of refusal" (for lack of a better term) unless family wants them. So she shouldn't even have to fight it in court, right?
single1967
I know that here the foster parent gets first "right of refusal" (for lack of a better term) unless family wants them.
Oh, that's got to be decided by a judge -- I don't know of anything that automatically gives FPs priority over non-relatives.
General practice is the FP gets priority over other FPs, but over "family friends"? Each case is a different story.
single1967
So she shouldn't even have to fight it in court, right?
Sorry, but no predictions from me. If it was my case, my attorney, a case worker I know, a state attorney I know, and a judge I know, I might lean one way or the other.
But without knowing the case or the players? No predictions.
I know that's not all that helpful.