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Custody of niece

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What is the name of your state? Minnesota

My husband's sister could lose parental rights to her 2 year old in January. Currently, child is with grandma, but grandma can no longer care for her, so my husband and I are trying to be licensed for foster care and possibly adoption.

There was an incident when my husband and his sister were kids, of innapropriate touching. At the time he was 11, she was 6. They both went to counseling, no charges were filed, and that was that. His sister does not want us to have her child, she is now claiming that they actually had intercourse, and that she was forced. Her word against his.

The social worker found no juvenile records against him. She now wants my husband to have a psyche evaluation done. She says she has to talk to the psychiatrist BEFORE my husband takes the eval. Which I think is illegal, but not sure, at the very least unethical.

We are getting the feeling that they would rather put our niece in a foster care. Our whole family is against that, and wants the baby with us.

Is it time for us to get a lawyer? I tried to stay brief, this is a very confusing case, but we feel we are getting the run-around from the State.

Thank you very much!

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