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Me and my wife are somewhat new to foster care and our first child is coming up for TPR. Birth family has done nothing to get the child back and only after being served did they find 2 distant family members to come forward to say they would take the child. I'm in Alabama but does they family always win in this situation or does TPR go through sometimes. Me and my wife are heart broke. The child has come so far from where she was when we got Her.
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Family does not always take priority. Some judges will consider how long the child has been in your care and the bond that he/she has. It really depends, as Smarty indicated, how long the child has been in your care and how close these relatives are. Also, just because they came forward and said they would take the child doesn't mean they are appropriate. The family will have to be cleared by DSS. Some jurisdictions require family to take training and become foster parents before placement. Some just require a background check and home inspection.
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It depends on many factors.
It is pretty standard that when TPR gets filed families start throwing relatives at the caseworker. But that doesn't mean they always win.
Now - if you've had a 4 year old child for 3 months and they used to see Aunt Judy every other day and overnights on the weekend and Aunt Judy didn't take the child because she moved to another state 5 months ago, so she couldn't take the child when the child came into custody because if they moved the child out of state then mom can't work the plan.... but now that they are TPR'ing Mom then Aunt Judy would probably get the kid.
In Mr Tickles case..... no one has done ANYTHING. All of a sudden, TPR was filed and there were relatives coming out of the woodwork. Our GAL said "heck no - where have you been for the last year?" But Children's Division had to follow up on like 10 different relatives - just to make sure they did all the screening.
This is pretty common. But - if you've had the child for a long time, then there is a chance. Because the family will be asked why they did not step up to take the child when the child first came in to custody.
If they are from a different state, then there will have to be an ICPC - which can take anywhere from 90 days to 6 months.
Your best advocate right now is the GAL on your case.
