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We picked our fs up from the hospital at 7 days old... he's now almost 13 months. When we first picked up he had 2 visits a week with bio mom. She was not working the plan what so ever and the CW along with the agency was over it. Mind you she was "working" a case plan before he was born. He has siblings in the system also. At about 6 month into us being involved they asked us to proceed forward with legal custody. We were hesitant but did not want to loose him either so we agreed. We've had so many continuances since that first hearing it's not even funny. I think every excuse has come up and bio mom working the plan has never been one of them. The judge court ordered termination of visits around the same time due to a dirty screen. Bio mom has not seen him in 11 months because she quit visiting before they were terminated. She of course contested our legal custody request and we then asked for a pre trial.... Many many continuances later we came to the pre trial..... Bio mom showed up with a sister that now says she wants custody. She had been ruled out by the cw once before due to everyone in the house not agreeing to fingerprint. She now says her living situation has changed. The judge postponed the trial for 3 weeks to check it out and since the sister has filed for custody. I'm so scared now. We are all he knows. I'm afraid if he leaves us he will wonder where we went. At his age he doesn't understand. I feel like it's detrimental to him as a baby.I don't feel confident that if the aunt gets his she won't give him to bio mom. Where has she been? She met him once when he was just weeks old. We do have the casa/gal on our side as well as the cw but can we actually be chosen over kin? I'm not sure if I need to hire an attorney at this time? Any advice would help.
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I would highly recommend hiring an attorney at this point. However, the fact that you have the GAL and the CW on your side is definitely in your favor. Hiring an attorney may not help, in that you would have to request intervener status, something that's VERY difficult to get, but I'd hire the attorney anyway. You never know.Also, you should speak with the GAL about requesting a Best Interest Evaluation. Also request the GAL file a motion to prevent the child from being moved. If they can get that child out of your house, it's a heck of a lot harder to get him back. Use the leverage you have. The longer you can keep that baby in your house, the harder it will be for them to take him away.
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There really need to be some regulations in place to protect the best interests of the child in these circumstances. I understand the desire to keep the child with kin . . . but after an entire year - his FIRST year, no less - of being with you, it would clearly be detrimental to move him. I don't have any advice, but I will pray for you and your family.
Our State and Most States, Reunification is Mandated or Advocated for under the age of 10 .Either with the ' Birth Parents ' or ' other significant Relative. 'It would help us alot if you posted your ' Home State '.I don't think an Attorney is going to be able to say. ' That it is detrimental or non Advocative or beneficial to defend or to argue, 'I would very highly seek ' Mandated Visitation ' though!!!
I think I'd wait and see how this plays out. From my limited experience they don't tell you the entire reason that someone fails a home study. There may be other issues. Also, she could be lying about the change in circumstances. Since there has been almost no visitation they would want to have some visits prior to removal from your home. After a certain period of time, the courts are reluctant to take an infant away from a bonded home. That being said if aunt passes the home study at the next hearing, I'd get a lawyer. I have seen foster parents win in similar circumstances.
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Update as of today.... the judge officially granted us legal custody today. The aunt was well aware of the reasons and understood why she failed the homestudy. There was also an issue that she didn't get service on her request for custody... whatever that means. I just know the judge dismissed her motion or lack there of. The magistrate did state that at this point it was to little to late. The child is bonded and there has been no contact with anyone from kin.