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will like custody of niece in foster care

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fediana

Junior Member
my niece was placed in foster care over 18 months ago and I was not aware of this until last month. I have contacted the social service agency and they stated the child has been residing with the foster parent for 18 months and a judge will most likely not consider me for guardiaship or adoption. She stated I can petition the court for custody of the child if I want to. What are my chances if I petition the court for the child to be placed with me since I was unaware the child was placed in foster care for over 18 months. The child is resides in New York and I reside in Florida and the parents would like the child to be placed with me and not be adopted by the foster parents
 


Proserpina

Senior Member
my niece was placed in foster care over 18 months ago and I was not aware of this until last month. I have contacted the social service agency and they stated the child has been residing with the foster parent for 18 months and a judge will most likely not consider me for guardiaship or adoption. She stated I can petition the court for custody of the child if I want to. What are my chances if I petition the court for the child to be placed with me since I was unaware the child was placed in foster care for over 18 months. The child is resides in New York and I reside in Florida and the parents would like the child to be placed with me and not be adopted by the foster parents

A quick question.

Why do you believe it's in the child's best interest to be removed from the only home she's known for 18 months, to be placed with someone she hasn't even seen for 18 months?

AND take her out of State?

Your chances are frankly virtually nil.
 

Just Blue

Senior Member
my niece was placed in foster care over 18 months ago and I was not aware of this until last month. I have contacted the social service agency and they stated the child has been residing with the foster parent for 18 months and a judge will most likely not consider me for guardiaship or adoption. She stated I can petition the court for custody of the child if I want to. What are my chances if I petition the court for the child to be placed with me since I was unaware the child was placed in foster care for over 18 months. The child is resides in New York and I reside in Florida and the parents would like the child to be placed with me and not be adopted by the foster parents
How old is this child? How many times have you seen the child in the last 24 months?
 

Ohiogal

Queen Bee
How old is the child? What kind of relationship did you have with the child? An interstate compact takes time and it has NOT been completed which is going to cause you issues because you are out of state.

THOUGH, the state is required to find the least restrictive placement. Pros -- your family. Negatives -- the above.
 

mistoffolees

Senior Member
How old is the child? What kind of relationship did you have with the child? An interstate compact takes time and it has NOT been completed which is going to cause you issues because you are out of state.

THOUGH, the state is required to find the least restrictive placement. Pros -- your family. Negatives -- the above.
I would definitely go through the process including the interstate compact if they'll let you do that. If not, do as much as you can to get 'prequalified'. Not so much because I would expect the state to move the child out of the established foster home, but in preparation for the future. Many kids get bounced around foster homes when foster parents can not keep them for one reason or another. If you have met all the requirements and if that happens, you would have a better chance of getting the child.

I hope for the child's sake that it doesn't happen and that this turns out to be a great foster home, but things don't always work out that way.
 

Ohiogal

Queen Bee
I would definitely go through the process including the interstate compact if they'll let you do that. If not, do as much as you can to get 'prequalified'. Not so much because I would expect the state to move the child out of the established foster home, but in preparation for the future. Many kids get bounced around foster homes when foster parents can not keep them for one reason or another. If you have met all the requirements and if that happens, you would have a better chance of getting the child.

I hope for the child's sake that it doesn't happen and that this turns out to be a great foster home, but things don't always work out that way.
FOSTER HOMES are ONLY supposed to be utilized if there are no appropriate relatives. IF she is an appropriate relative as shown by the Interstate Compact, the child should be moved to her.
 
OG-

While that idea is great and noble in theory, it doesn't always happen that way. When my nieces went into the system, we were told we couldn't take them because we didn't have enough space in our home. Then when we bought our bigger home a few months later, we were told no because they had been with their foster family so long that it would be "detrimental". Their mom just lost her appeal to get them back and it appears that they are lost to the system now.
 

mistoffolees

Senior Member
FOSTER HOMES are ONLY supposed to be utilized if there are no appropriate relatives. IF she is an appropriate relative as shown by the Interstate Compact, the child should be moved to her.
I think that's true for initial placement. I'm not so sure that it applies when the child is already established in a foster home and has lived there for 2 years by the time the interstate compact is completed.
 

Ohiogal

Queen Bee
I think that's true for initial placement. I'm not so sure that it applies when the child is already established in a foster home and has lived there for 2 years by the time the interstate compact is completed.
Actually it does apply then. As for this:


OG-

While that idea is great and noble in theory, it doesn't always happen that way. When my nieces went into the system, we were told we couldn't take them because we didn't have enough space in our home. Then when we bought our bigger home a few months later, we were told no because they had been with their foster family so long that it would be "detrimental". Their mom just lost her appeal to get them back and it appears that they are lost to the system now.
Initially, you were not appropriate due to the housing. Did you hire an attorney to fight for custody? That would have helped you and you might have won. Did mom call you as a witness at her PC trial as someone who was related and wanted custody? Did you testify about your home and your ability to take care of the children?
 

Zigner

Senior Member, Non-Attorney
The OP didn't even know about the situation for 18 months...I suspect that she has had very little to do with her sibling and the children...
 

fediana

Junior Member
A quick question.

Why do you believe it's in the child's best interest to be removed from the only home she's known for 18 months, to be placed with someone she hasn't even seen for 18 months?

AND take her out of State?

Your chances are frankly virtually nil.
I believe my niece should be placed with me because I can provide a stable loving home and her biological parent will be allowed to sta involved in her life. I am former social worker for the state of florida and I understand the whole welfare system. I was not aware that my niece was in foster care because my brother decided to not disclose that information to my family and he was under the assumption she would be placed back with her mother. He is a non offending father and the state fail to provide him with any referral or make him part of the case until I filed for custody of my niece. He finally told me about my niece when he realized she would not return to her mother. I called tha agency for over two months with no retun call. At that moment my niece was a year. The worker told my brother if I file a petition for custody his daughter would be put up for adoption. I worked in the field for a few years and never handled any of my cases like that. i returned my calls in a timely fashion and considered all placement appropriately and elimated as needed. I was never given a chance from the beginning and no one cared to hear what my side of the story entailed. I know social services say if a child is placed in foster care for over a year it is detrimental to the child to be removed. Most case plan for parents last about a year so most children will never be returned to their parents because of bonds to foster care. I was trained that the goal is reunification with family but some times social services are the one that hinders children to return these home because of lack of appropriate referrals etc. On the other hand, they are many great workers that are truly dedicated to doing their job to the best of their ability and look into the best interest of the children. Foster parents are great and I worked with some great foster parents and even cried with them when a child was removed from their placement. Additionally, I have worked with parents that was dedicated to doing anything possible to have their children returned to them but at times the gaurdian ad litem or foster parents will try to put barriers on these children being returned home. I have also worked with parents that do not care about their children and do not deserve to have their children returned home. I was recently given unsupervised visits with my niece and I have tried numerous times to arrange these visits but no one return my call in a timely manner. I am grateful for the welfare system but sometimes they can make it so unfair for those who are sincere and trying to do the right thing. This is rather difficult for me especially since I once worked in the field. I just want someone to fairly listen to my concerns and treat me fairly. I did hire an attorney and my custody hearing is still going. The judge has not decided yet and he should decide in a week. I am a strong believer in God and I put everything in his hand and I know he is a fair God and knows my heart.
 

Proserpina

Senior Member
May I please just clarify?

The child has remained with the foster parents during the past 7 months since you last posted?
 
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