Aunt trying to help

[illinoismama]

I just spoke with my brother. The grandmother has no desire to have this child. The mother would be willing to sign over all rights concerning the child over to my brother.

Would it be possible if I were to become a licensed foster parent that I request the temporary custody of the child pending the paternity test? I am unsure if it would work that way.

My brother would have no one fighting him for custody. It would only be a matter of him proving himself fit to care for the child. Is it still necessary that he hire an attorney?

 

[Proserpina]

I just spoke with my brother. The grandmother has no desire to have this child. The mother would be willing to sign over all rights concerning the child over to my brother.

Would it be possible if I were to become a licensed foster parent that I request the temporary custody of the child pending the paternity test? I am unsure if it would work that way.

My brother would have no one fighting him for custody. It would only be a matter of him proving himself fit to care for the child. Is it still necessary that he hire an attorney?

The mother cannot just sign over all rights like that - she can indeed, once paternity is established, allow Dad to have full custody though.

But she cannot terminate her rights under these conditions.

Yes, he needs an attorney.

 

[LdiJ]

I just spoke with my brother. The grandmother has no desire to have this child. The mother would be willing to sign over all rights concerning the child over to my brother.

Would it be possible if I were to become a licensed foster parent that I request the temporary custody of the child pending the paternity test? I am unsure if it would work that way.

My brother would have no one fighting him for custody. It would only be a matter of him proving himself fit to care for the child. Is it still necessary that he hire an attorney?

If you are correct and CPS is involved and will be taking the child immediately from mom, your brother absolutely needs an attorney...particularly since he has his own fitness issues (previous felony conviction).

Seriously, he needs and attorney and you truly cannot do anything to temporarily make things better for him. HE NEEDS AN ATTORNEY.

 

[Proserpina]

If you are correct and CPS is involved and will be taking the child immediately from mom, your brother absolutely needs an attorney...particularly since he has his own fitness issues (previous felony conviction).

Seriously, he needs and attorney and you truly cannot do anything to temporarily make things better for him. HE NEEDS AN ATTORNEY.

Oh L, do you ever wish you could press a button on the keyboard so the following phrase blasts out of every speaker in the OP's house?

"YOU/HE/SHE/IT NEEDS AN ATTORNEY!!!! YESTERDAY!"

Yeah, me too

 

[LdiJ]

Oh L, do you ever wish you could press a button on the keyboard so the following phrase blasts out of every speaker in the OP's house?

"YOU/HE/SHE/IT NEEDS AN ATTORNEY!!!! YESTERDAY!"

Yeah, me too

No kidding...absolutely no kidding.

 

[Artemis_ofthe_Hunt]

Here's a question though, mostly for my own clarification:

If 'Dad' isn't established as 'Dad', and CPS is already involved, ie stating that they will take the child as soon as its born, unless there are health problems (making a longer hospital stay), how could 'Dad' push the paternity/custody through so quickly? How is that possible, since the child is in no danger, how could it constitute an emergency hearing?

 

[PQN]

Illinois DCFS

How do you know that the mother will have this child taken from her IMMEDIATELY upon birth? The state cannot do that just because her rights to another child were terminated. Also, her rights to this child COULD NOT have been terminated prior to the birth of the child. She would also have the constitutional right to get custody of her child returned to her.

Whether or not it is legal, Illinois DCFS does take children straight from the hospital only based on mother having previously lost custody of older children. Two of the foster children we adopted and one other that we had were all taken from the hospital for the sole reason of their siblings having been involuntarily TPRed by DCFS. One of the moms fought DCFS at the 1st hearing and the judge did order them to return the child and start intact family services (she had had her child before that one taken at the hospital and learned later that she could have challenged it -- they definitely imply that you have no choice). Illinois also does expediated TPR after child #3.

Your brother needs a lawyer. DCFS is too strong to fight without one.

While you probably can't get your foster care license in time (it takes 2-6 months), I would suggest you start the classes so that if/when this drags out, you become an option.

Illinois Department of Children and Family Services
Becoming a Foster Parent or Adoptive Parent
Anyone who desires to become a foster or adoptive parent can call 800-572-2390. Your interest will result in a local DCFS or private child welfare agency representative contacting you about foster care. A representative will then make an appointment to come to your home to help you decide if foster care or adoption is a good plan for your family. The representative will also give you an application and a medical form to complete for each member of your family. The law requires that a criminal background check be run on all applicants, therefore you will be fingerprinted. In addition, references you provide will be contacted. While these checks are being run, you will attend training classes to help prepare you for your future role as a foster or adoptive parent. The licensing and training process takes from two to six months.

 

[Proserpina]

Here's a question though, mostly for my own clarification:

If 'Dad' isn't established as 'Dad', and CPS is already involved, ie stating that they will take the child as soon as its born, unless there are health problems (making a longer hospital stay), how could 'Dad' push the paternity/custody through so quickly? How is that possible, since the child is in no danger, how could it constitute an emergency hearing?

The child is in no danger but is in limbo; the child effectively has NO legal custodial parent and that in itself may well satisfy the requirements for an emergency hearing.

CPS do NOT take on the role of parent here.