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Hi,
My husband and I are in the RFA (Resource Family Approval) process hoping to gain placement of our nieces' two boys. Without going too much into it, our niece lost custody of her almost-two-year-old son when he was 3 months old and he's been with a Resource Parent since then (about a year and a half). Needless to say, her parental rights have been terminated due to the failure to complete the reunification requirements and the inability to stay clean. The father is unknown.
She gave birth to her second son who was both addicted and a preemie. He was removed from her custody immediately after his birth. The father is known this time, however, he has already made it known that he has no interest whatsoever in the child nor wants custody of him. Due to having two children being removed from her custody, her inability to stay clean or attend rehab, etc. she also lost her parental rights to the second child.
Our niece's mother, my husband's sister-in-law has been attempting to gain custody for two years, however, due to her own personal housing and income issues, as well as the inability of the CWS/RFA to do anything competently, including losing her application twice, she has still not been approved despite being the preferred placement family member.
My husband and I are almost complete with the process and should be approved soon, however, we've been in a tug-of-war between who will be gaining placement of both boys. We have the room and resources to house both boys. The maternal-grandmother does not and the court is already considering separating the boys. At one time, the maternal-grandmother told the caseworker she was unable to continue with the process and wanted the kids to go with us as at least they'll still be in the family, however, she has since changed her mind and is still continuing. Plus, now the biological mother, our niece, her daughter, now has a lawyer who's petitioning that the boys go with the maternal-grandmother (because she'll hand them back to their biological mother).
My question is: If the biological mothers parental rights have already been severed due to negligence and abuse, why does she still have a voice in the placement of her children? How much of a voice does she have in the children's welfare? If the children are placed with us, does she have a right to take us to court and attempt to fight for custody with her mother?
We're concerned with the prospect of a huge family fight involving lengthy court proceedings and lawyers. All we wanted to do was bring both boys home with their family community. Keep them safe. Grant them stability.
Thanks in advance.
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Th4 bio mother having a lawyer should be a non issue. You and your hubby being able to keep the brothers together should make it a slam dunk. However, do not count on anything until you’re in the courtroom and the judge bangs his or her gavel.
Hi,My husband and I are in the RFA (Resource Family Approval) process hoping to gain placement of our nieces' two boys. Without going too much into it, our niece lost custody of her almost-two-year-old son when he was 3 months old and he's been with a Resource Parent since then (about a year and a half). Needless to say, her parental rights have been terminated due to the failure to complete the reunification requirements and the inability to stay clean. The father is unknown.She gave birth to her second son who was both addicted and a preemie. He was removed from her custody immediately after his birth. The father is known this time, however, he has already made it known that he has no interest whatsoever in the child nor wants custody of him. Due to having two children being removed from her custody, her inability to stay clean or attend rehab, etc. she also lost her parental rights to the second child.Our niece's mother, my husband's sister-in-law has been attempting to gain custody for two years, however, due to her own personal housing and income issues, as well as the inability of the CWS/RFA to do anything competently, including losing her application twice, she has still not been approved despite being the preferred placement family member. My husband and I are almost complete with the process and should be approved soon, however, we've been in a tug-of-war between who will be gaining placement of both boys. We have the room and resources to house both boys. The maternal-grandmother does not and the court is already considering separating the boys. At one time, the maternal-grandmother told the caseworker she was unable to continue with the process and wanted the kids to go with us as at least they'll still be in the family, however, she has since changed her mind and is still continuing. Plus, now the biological mother, our niece, her daughter, now has a lawyer who's petitioning that the boys go with the maternal-grandmother (because she'll hand them back to their biological mother).My question is: If the biological mothers parental rights have already been severed due to negligence and abuse, why does she still have a voice in the placement of her children? How much of a voice does she have in the children's welfare? If the children are placed with us, does she have a right to take us to court and attempt to fight for custody with her mother?We're concerned with the prospect of a huge family fight involving lengthy court proceedings and lawyers. All we wanted to do was bring both boys home with their family community. Keep them safe. Grant them stability. Thanks in advance.
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Your niece's parental rights were terminated due to negligence and substance abuse, which means legally, she no longer has a say in her children's placement. However, she can still influence proceedings indirectly, such as encouraging her mother to seek custody. Courts prioritize the children's best interests, which includes stability and familial connections. Since you and your husband are nearly approved for RFA, your home may be considered a suitable and stable environment for the boys. If placement with you is finalized, your niece cannot challenge it for custody due to her terminated rights, but she might still try to cause disruptions. Ensuring a safe, stable environment for the boys should be the main focus, despite potential family conflicts.
Your niece's parental rights were terminated due to negligence and substance abuse, which means legally, she no longer has a say in her children's placement. However, she can still influence proceedings indirectly, such as encouraging her mother to seek custody. Courts prioritize the children's best interests, which includes stability and familial connections. Since you and your husband are nearly approved for RFA, your home may be considered a suitable and stable environment for the boys. If placement with you is finalized, your niece cannot challenge it for custody due to her terminated rights, but she might still try to cause disruptions. Ensuring a safe, stable environment for the boys should be the main focus, despite potential family conflicts.
Family adoptions are hard. The Bio's want and want any connection while you are trying to provide stability. I wish you the best! We adopted my great-nephew for same issues. We had an emergency placement of him- still took a week to get some safety stuff approved in our house. After the Bio dad threatened to kidnap my sister so he could force her to show him where we lived and get 'their boy' back we were done- moved states. Our son is very well adjusted 8 year old now. Fostering to adoption took almost 3 years. He was 2 when he came to be with us. I send my niece pictures and she will send gifts occasionally through my sister. We made it clear that any communication beyond like through Skype won't happen until he asks for it. It is his time schedule of when he is ready not my niece's desires. That is how we chose to handle family adoption. I know some do it differently. I was lucky enough to get to talk with an adopted adult from same issues with drugs and abuse. She said we were doing the right way letting him grow up and decide when he was ready then support the contact.I don't know if this helps you. I hope you get licensed soon!! It will be great to support relationships with rest of family. Our son see's his half sister and brother (older) when we visit Cali- Grandma reads bedtime stories by facebook and he gets to see cousins, aunts, and uncles too! Visitation was the hardest part for us as it went on so long but since they already lost rights not a thing to deal with! Best to you!- Carol
I just got to read the full post after I replied it let me- Bio's always want the world- She has no legal leg to stand on. You and your husband are a better fit and the judge will most likely choose you over a grandmother especially by age. My sister did not want to have a 2 year old when she was in her sixties. I feel for you both. Like I said in previous post, family adotions are hard but stick to your plans! Beware of social workers who don't follow through with things- call the social workers boss if you need to- If you have an EAP through one of your jobs get an attorney so someone has your back. You won't need the attorney for much other than making sure the judge- who is the only one actually making the decisions. Sorry just saw that this post was from 2020- you hopefully have both boys by now!!!!
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