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Do I have a chance of getting my niece and nephew?

Business 3 views 1 answers
Parental rights have been terminated. terminated. I am the childrens aunt. The case went through several CPS workers, the newest worker is stating that she was told all family had been eliminated and the kids were placed with foster parents that wanted to adopt. However, no family was ever even contacted, but they are suggesting the kids stay with the foster family. Is this legal? They did not take the proper steps and even though they messed up they are still trying to basically leave the kids with the foster family even though blood relatives are trying to obtain custody. What can I legally do if anything?

Attorney Answer

1
David Bearman ·
As a family member you are entitled to notice and CPS should have provided it. Even if the child is placed with a foster family and has not finalized an adoption, you still have a chance to adopt your niece or nephew. You do need to contact an adoption attorney in your area, immediately, since time is of the essence. Their are many studies done on children who are placed in foster care, one of the most prominent findings is that children are better with the biological parents, and if that is not possible then with blood relatives. I do strongly sympathize with you and know how hard this can be on family. You should not give up hope, because your basic scenario has happened before with CPS and I have had clients where they do get their family member in their custody.
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