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  1. #1
    wenelihun Guest

    Foster children and termination of parental rights

    What is the name of your state? Colorado
    The children s parents were terminated in virginia
    The parents of children were terminated while children were in our care. We have had the children for almost 4 years and now the father is trying to get the children back saying the caseworker tricked him into signing away rights she didnt he was told he could visit as long as it was in the best intrest of the children after about 2 years visits became unbearable for the children and were stoped after reciving some money now has intention of fighting for the children is it not a final decision? Would the judge not say if you are able to take care of 3 children were you not able of seeking legal advice for this case?
    How often are chlidren returned home after termination has been done? if we adopt these children is there the same risk of them returning home?
    What stat woul;d this be handled in? Colorado is where the fater and the children live with us but the state of Virgina has coustdy of them and thats where rights were given up
  2. #2
    kat1963 is offline Senior Member
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    Dunno, it will be up to the judge. If he/she finds fraud or duress, the courts will work out so that the children are probably moved closer to where the father lives & visitation then custody restored. You have no first hand knowledge weather the CPS worker lied to him. You live in another state; therefore you could not be privy to each & every conversation between these two parties. VA is a one party state. If he followed general parental rights guidelines (outlined when dealing with CPS), he might have the worker on tape. And you yourself said he was somehow granted visitation. You should have filed to adopt the minute the TPR hearing took place. You did not and just maybe the judge is going to ask you why since you claim to care so much? His lawyer will argue that you didn’t follow thru because of the money. (note too that the parents are still having to pay support…might be why he filed huh?)
    Chances are, the outcome will be in your favor, but I certainly wouldn’t put all my eggs in one basket. And also since you didn't adopt, it takes nothing for CPS to take those kiddos' away from you (simply because they are tired of dealing with it). See a lawyer, you might be able to settle out of court with a simple adoption process.
    Good Luck.
    KAT
    edited for: Get YOUR OWN lawyer.
  3. #3
    Boxcarbill Guest

    Re: Foster children and termination of parental rights

    Originally posted by wenelihun
    What is the name of your state? Colorado
    The children s parents were terminated in virginia
    The parents of children were terminated while children were in our care. We have had the children for almost 4 years and now the father is trying to get the children back saying the caseworker tricked him into signing away rights she didnt he was told he could visit as long as it was in the best intrest of the children after about 2 years visits became unbearable for the children and were stoped after reciving some money now has intention of fighting for the children is it not a final decision? Would the judge not say if you are able to take care of 3 children were you not able of seeking legal advice for this case?
    How often are chlidren returned home after termination has been done? if we adopt these children is there the same risk of them returning home?
    What stat woul;d this be handled in? Colorado is where the fater and the children live with us but the state of Virgina has coustdy of them and thats where rights were given up
    If this was indeed a Termination of Parental Rights by the court, it became a final judgment years ago. The puzzlement to me is if it were a termination of parental rights, why were visitation with the father allowed to continue to years after his rights were terminated? That makes absolutely no sense whatsoever. The next puzzlement is why if Virginia has custody of them or they allowed to reside in Colorado? Are you a blood relative of these children?
  4. #4
    wenelihun Guest
    We didnt adopt right away we were still trying to get the 3rd child into our home from another foster home after placement with us the caseworker wanted him to go to RTC for a while to deal with abandoment issues.... crazy but... so all three boys could be adopted together we waited now given this wishing we had not waited... The father is bipolar and so are 2 of the children he has since married and i amm thinkng it is the new wife that is trying this all ... she has 1 child of here own we also found out that he tried to put some people from his church to adopt them and reunite but DSS said no that they are not up for adoption at htis time and she tried to get the mayors and all involved but has since quieted down and was forgot untill now... The fater got a LARGE amout of money recentlty... is there any way to get dad to quit paying?We have them in colorado cuz father moved them here while in his care and colorado took themn away here but Virginia still had custody and was trying to work with dad to get a better start here after Co took the boys 2 or 3 times they were either put on a plain to VA or put in permenent foster care thats how we got them then fater was to maintain visits but when things got crazy for the boys was stoped and terminated since we have been granted permenent care throught the courts and have All llegal rights under adoption like chang of name....ect.. it was granted from a judge in VA 1.5 years ago the visitation waas granted due to thew faters mental issues and the unability to take care of the boys he willingly sighned over rights...
    Last edited by wenelihun; 02-07-2003 at 04:03 PM.
  5. #5
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
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    Location
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    My response:

    And, what's an even bigger "puzzlement" to me is whether our writer intends to pass along her sterling use of grammar, spelling and punctuation to these children.

    If that's the case, God knows, these kids are in big trouble!

    IAAL
  6. #6
    HomeGuru is offline Senior Member
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    Hopefully their fater is smater.
  7. #7
    Grandma B Guest
    Originally posted by HomeGuru
    Hopefully their fater is smater.
    and I'm wondering how the "fater" can be doing all this anyway since "the children's parents were terminated in Virginia"
  8. #8
    tonia1 Guest
    Let's try to clarify some of this (I'm a CPS worker in Colorado)....Who has the legal custody of these children? From what you have said it's Virginia. If the state of Virginia has legal custody, and has given you temporary physical custody through an Interstate Compact with Colorado, you have to have a worker in the County you reside who is handling paperwork here in Colorado. Colorado had to approve these children being here if they are in Virginia's legal custody, no way around it per ICPC statute. Do you have the termination paperwork or a consent to adopt from the Court in Virginia? Do you maintain contact with the worker in Virginia and the worker here in Colorado? When a termination of parental rights occurs, the parent has a limited amount of time to appeal that, in Colorado it is 45 days, it could be shorter or longer in other states. Obviously, the father didn't appeal this and it almost sounds like he signed a relinquishment of parental rights, which is different as far as how it is done and the time frames, but the end result is the same. Once the Court has issued the rights be terminated (either through the Court's order or through relinquishment) and there is no appeal, or the appeal is denied, that's it, it's over. Dad has no rights to visits and no rights in Court at this time. Is the older child in an RTC here in Colorado or in Virginia? You can adopt the other children prior to the older child's adoption, but it sounds like Virginia is lagging for 2 reasons. #1, so they don't have to pay adoption fees to the Courts twice and # 2 so that the older child can remain in the RTC and have it paid for by the state, not by you.

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