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can you win againts foster parents that have made a bond with the children for 8 months and don't want to let the children go.

the children are 1&2 they are my nephews and the oldest one was with me on and off up until they took him away. but the baby has been with the foster parent for majority of his life he was only 7 or 8 months when they took him away. but the older child is fine with the transfer because he has live with us before. but the courts or I do not want to separate the children and the foster parent wants to keep them.how much ground do I have to stand on and how should I present my self in court.

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mzdee170

Asked by mzdee170 at 4:48 PM on Dec. 12, 2008 in Toddlers (1-2)

Level 1 (0 Credits)
Answers (6)
  • I am not really sure...tough ? In most cases family usually always gets the children. Most judges in the right mind would not separate siblings unless there was no other choice. I guess I would just really stress the fact that you are family and it would be in the childrens best interest to be with kin. Good luck;)
    Anonymous

    Answer by Anonymous at 5:05 PM on Dec. 12, 2008

  • Id think since you are family the court would be more willing to give you costudy of them. Do the foster parents plan on adopting them? I mean in all legal rights they dont have many other then they are foster parents the point of foster care is to give them back when the time is right.
    Mommy2B04

    Answer by Mommy2B04 at 5:06 PM on Dec. 12, 2008

  • As long as whoever is seeking reuinfication with the kids has met all the obligations set forth by the court the foster family has no case really. Courts bend over backwards to reunify falilies even when they shouldn't. Bio Blood runs thick in court.
    GrnEyedGrandma

    Answer by GrnEyedGrandma at 5:07 PM on Dec. 12, 2008

  • Since I don't know your whole situation, it is hard to say. If there is a reason you were not given custody in the first place, make sure that is taken care of.

    I have a few friends who have done foster care in hopes of adopting (many states requre foster-to-adopt) and you have to remember that they truely fall in love with these kids and want to make sure they are put into the best situation for them to thrive. They probably don't know you or much about you, they only know the situation as the state has told them. Don't take it personally if it has not been sent out that way. They just love your nephews, ALOT.
    mom2alan

    Answer by mom2alan at 6:22 PM on Dec. 12, 2008

  • I dont know in your case, but my son was in foster care for 9 months. I had to do everything the foster care worker/court said to do and after I did I got my son back. They do try to keep the families together and the courts/cps ects goal is to try to get the child/ren back to the parents OR another family member if possible. Youd probably need to talk to the DHS case worker about what you want and how likely it would be you could get the children. If nothing else talk with a lawyer about it and see what he/she says. Good luck!
    Anonymous

    Answer by Anonymous at 7:42 PM on Dec. 12, 2008

  • You are a blood relative, so as long as you provide a safe loving environment you should have alot more rights than they do. They are only foster parents...they know if someone wants to adopt the children they have no right to say no. A foster parent is only a temporary place for children to stay!!!
    Mikayla_lynn

    Answer by Mikayla_lynn at 8:19 PM on Dec. 14, 2008

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