Parental rights for uncle and aunt?

[frankiegotti]

What is the name of your state (only U.S. law)? Colorado

I have a girlfriend who lost her child due to a DUI (child was in the car at the same time). She has done everything to a T to get her back. The temporary foster parents were the mothers aunt and uncle. The foster parents were very uncooperative giving the child back. Kept telling the mother it's in the daughters best interest to stay with us etc... Finally the state department of child affairs had to get a emergency court order and had to have the child removed from their house. They were prepared for a sheriff to accompany the counselors but it didn't come to that as their foster parents get kind of freaked out with anything involving police or law enforcement. She has a full time job and can support herself and her daughter without any help from anyone else. Her license is still suspended it should be noted but lives within walking distance to/from work so it's a mute point. School for the child is the same in terms of being able to walk to it. The aunt and uncle are now taking her to court for parenting time and she is worried that a court order is going to be issued and she is going to have more legal trouble. Her aunt and uncle have created unwanted problems for her and thus now she is scared because she doesn't want her daughter going back over to their house where she is going to likely talk about my girl to her daughter as they've done before.

My question to any attorneys out there is will a judge grant a great aunt and uncle parenting time for a child they were temporary foster parents for?

 

[Zigner]

There is no way any of us could guess at the outcome. She should speak with her attorney.

 

[Ladyback1]

What is the name of your state (only U.S. law)? Colorado

I have a girlfriend who lost her child due to a DUI (child was in the car at the same time). She has done everything to a T to get her back. The temporary foster parents were the mothers aunt and uncle. The foster parents were very uncooperative giving the child back. Kept telling the mother it's in the daughters best interest to stay with us etc... Finally the state department of child affairs had to get a emergency court order and had to have the child removed from their house. They were prepared for a sheriff to accompany the counselors but it didn't come to that as their foster parents get kind of freaked out with anything involving police or law enforcement. She has a full time job and can support herself and her daughter without any help from anyone else. Her license is still suspended it should be noted but lives within walking distance to/from work so it's a mute point. School for the child is the same in terms of being able to walk to it. The aunt and uncle are now taking her to court for parenting time and she is worried that a court order is going to be issued and she is going to have more legal trouble. Her aunt and uncle have created unwanted problems for her and thus now she is scared because she doesn't want her daughter going back over to their house where she is going to likely talk about my girl to her daughter as they've done before.

My question to any attorneys out there is will a judge grant a great aunt and uncle parenting time for a child they were temporary foster parents for?

ummmmm....No, hun. Your girlfriend created the situation by driving drunk with the child in the car.

Perhaps, just perhaps, your girlfriend should mend fences w/ her aunt & uncle and allow them to be a part of her and the child's lives.

(with a suspended license, does your girlfriend have a contingency plan for emergencies that require transport? You know, like the kiddo wakes up w/ a 104 fever at 2 AM...)

 

[justalayman]

how long were the children in the care of the aunt and uncle and how long ago did the children leave their home?

 

[ecmst12]

I can't imagine that temporary foster parents would have legal standing to ask for custody or even visitation.

 

[justalayman]

I can't imagine that temporary foster parents would have legal standing to ask for custody or even visitation.

Depending on how long the children were with the uncle and aunt and how long ago the children left their home, Colorado law does allow them to seek visitation. If the children were with the people for 6 months or more and the left their home less than 6 months ago, colorado statute does allow them to seek visitation.

 

[Just Blue]

ummmmm....No, hun. Your girlfriend created the situation by driving drunk with the child in the car.

Perhaps, just perhaps, your girlfriend should mend fences w/ her aunt & uncle and allow them to be a part of her and the child's lives.

(with a suspended license,

does your girlfriend have a contingency plan for emergencies that require transport? You know, like the kiddo wakes up w/ a 104 fever at 2 AM

...)

I'm sure there is 911 in the OP GF's area.

 

[Rwedunyet]

I can't imagine that temporary foster parents would have legal standing to ask for custody or even visitation.

ecmst, I respectfully disagree. I ended up adopting my "temporary" kid.

However, it sounds like the mom is in this situation is trying to correct the situation. After endangering the life of her child in such a way, she'll have alot to prove. I agree with Ladyback. This child was not just living with the Aunt and Uncle, the child was parented by the Aunt and Uncle. Even a short amount of time could result in a strong bond for this child to feel towards the temporary foster parents. Is it really in the child's best interest to cut them away?

Mom needs to understand how incredibly hard it must be to trust her now. She should appreciate that these people this much about the child that she so callously disregarded. Mom needs to understand that SHE facilitated the bond that Aunt and Uncle and Child share now. Mom needs to understand that it would be a callous disregard of the child to toss this attachment away.

On the other hand, Aunt and Uncle need to consider the capabilities of mom. If she is ready, able and willing to provide for her child, they need to step back enough to allow her to do so.

Would allowing the foster parents some visitation harm the child? Would taking the child away from those people completely damage the child's trust?

Is ANYONE thinking about this child or is it another game of tug of war?

Sorry, this one is just personal.

 

[Ohiogal]

I can't imagine that temporary foster parents would have legal standing to ask for custody or even visitation.

Actually they very well could.

 

[ecmst12]

Sounded to me like the foster situation is over and the child is back with mom, so it SHOULD be over and the aunt and uncle should not be trying to force visitation.

 

[Rwedunyet]

Sounded to me like the foster situation is over and the child is back with mom, so it SHOULD be over and the aunt and uncle should not be trying to force visitation.

Yes but they should not have to force visitation. Mom needs to be a big enough person to not sever the relationship that SHE forced on her child. It's great that she is getting herself together, but the child is more important. Mom messes up, moms straightens up and whisks back in, it's the child that ends up with severed relationships both times. What sort of message is that sending to this little one?

I do see your point ecmst, but kids come first.

 

[tuffbrk]

I don't know how big a person I would be with foster parents that were uncooperative returning my child to the point it required child protective services to get an emergency court order to have my child removed from their house. I understand the point that you are making Rwedunyet, I do. I'm a former foster child so this hits some buttons with me as well. But let's all keep in mind that every situation is different and not project our own motivations and behaviors on others.

 

[LdiJ]

I don't know how big a person I would be with foster parents that were uncooperative returning my child to the point it required child protective services to get an emergency court order to have my child removed from their house. I understand the point that you are making Rwedunyet, I do. I'm a former foster child so this hits some buttons with me as well. But let's all keep in mind that every situation is different and not project our own motivations and behaviors on others.

I have to agree. The aunt and uncle's behavior was not good...and there is a valid reason to be concerned that they will try to interfere with the parent/child relationship. I would certainly not willingly offer visitation in a scenario like that one.

 

[ecmst12]

Exactly. Your case is an exception, Rwedunyet, most foster situations are intended to be temporary and the goal is always reunification. People should not become foster parents, whether for a family member or not, if they're not willing to support that goal. If time passes and it becomes clear that the parent is not going to follow the case plan and adoption may be the best outcome, then it becomes a different story, but that clearly was not the case here. Aunt and uncle betrayed mom's trust and refused to uphold their duty as foster parents, so no wonder mom doesn't want to now allow visits.

 

[Just Blue]

What is the name of your state (only U.S. law)? Colorado

I have a girlfriend who lost her child due to a DUI (child was in the car at the same time). She has done everything to a T to get her back. The temporary foster parents were the mothers aunt and uncle. The foster parents were very uncooperative giving the child back. Kept telling the mother it's in the daughters best interest to stay with us etc... Finally the state department of child affairs had to get a emergency court order and had to have the child removed from their house. They were prepared for a sheriff to accompany the counselors but it didn't come to that as their foster parents get kind of freaked out with anything involving police or law enforcement. She has a full time job and can support herself and her daughter without any help from anyone else. Her license is still suspended it should be noted but lives within walking distance to/from work so it's a mute point. School for the child is the same in terms of being able to walk to it. The aunt and uncle are now taking her to court for parenting time and she is worried that a court order is going to be issued and she is going to have more legal trouble. Her aunt and uncle have created unwanted problems for her and thus now she is scared because she doesn't want her daughter going back over to their house where she is going to likely talk about my girl to her daughter as they've done before.

My question to any attorneys out there is will a judge grant a great aunt and uncle parenting time for a child they were temporary foster parents for?

Just in case it has been lost...A double take of the user name may be interesting.

And Mr "gotti"?

The LEGAL party should post for herself. IMHO.