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3 Bumps

typically, who has priority in this situation .....

If an 8-week-old child is being taken from her abusive mother (mother has also verbalized her undesire for keeping child- but will not pace baby up for adoption ) , would DHS (foster family) or relatives (2nd cousins of the child - married couple) have 1st priority for the Temporary Emergency Coustody? In Tennessee ....


edit: and, what should the cousins do in order to notify DHS of thier intentions/availability? any suggestions?

Answer Question

Asked by Anonymous at 8:27 PM on Dec. 5, 2010 in Adoption

Answers (13)
  • I would think so.

    Answer by older at 8:30 PM on Dec. 5, 2010

  • i would say the DHS would have to prove the family is fit to have the child before being placed.

    Answer by busymamma503 at 8:32 PM on Dec. 5, 2010

  • Family. As long as they can prove they are fit to take care of her. They'll have to go threw home inspections and stuff like that. If you still want contact with the little girl I would make things as easy as possible on the 2nd cousin that way they are comfortable letting you be in her life. (If they get custody.)

    Answer by 2murphyboys at 8:39 PM on Dec. 5, 2010

  • Varies from state to state, but nearly all states favor "kincare" as foster families. That is, they'll choose kin (family) before they'll seek another foster family.

    Answer by aliceinalgonac at 8:42 PM on Dec. 5, 2010

  • bump.... I agree w Older.

    Answer by khf22 at 8:45 PM on Dec. 5, 2010

  • Family would, providing the state finds them fit to grant them emergency custody. My first call would be to DHS, 2nd call to a lawyer who specializes in family law. The sooner the cousins make their intentions known, the better their chances of getting custody. If they are thinking of adopting the baby, they need to call a lawyer who specializes in family law, & soon. The sooner they act on this, the better it looks for them.

    Answer by RubyinPA at 9:25 PM on Dec. 5, 2010

  • I hope all works out for you!

    Answer by Sheraymonet at 3:02 AM on Dec. 6, 2010

  • I'm pretty sure family has first rights.

    Answer by Shanna84 at 11:38 AM on Dec. 6, 2010

  • Family does have the right to say they want custody but the state has to have some sort of knowledge you will not abuse, neglect, harm, or violate their plan. If they think you will - no custody. They do try to place with family first. You can hire a lawyer who will argue for the child's placement at your request. It happens all the time that social services has to go to court to explain why the child is not able to be placed with family. At that point it is up to a family court judge. Most times cps really does prefer family placements.

    Answer by frogdawg at 12:11 PM on Dec. 6, 2010

  • Typically when a child is taken from an abusive home, family gets first priority, unless there is a reason not to place them there-such as a close relationship with the parent, or an unsage home, etc. As a former foster parent, I had several children come into my home, only until a family member could be located to take them. Sometimes, the child would not be placed with family members though for various reasons, and then when rights were expected to be terminated, they started looking for foster adopt homes.

    Answer by Tawneekitn at 6:28 PM on Dec. 6, 2010

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