Thank you for your question. I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, it is never truly up to a custodian where a child should be placed in the event that the custodian becomes unable to offer adequate care for the child. Any change in custody has to be approved by the court. This is even true in cases where a parent voluntarily relinquishes custody of a child. In fact, even when a parent dies, the parent can only "nominate" who their minor's guardian will be. So under no circumstance can a caretaker or even a parent truly "sign over" custodial rights to someone else.
Nonetheless, a custodian's preferences may be considered by a court, and those preferences will be afforded the proper weight under the circumstances. So, for example, if an aunt has custody of her nieces or nephews placed with her by CSB and she becomes unable to care for them, the question of custody would go back to the court, but the court would generally permit the aunt to offer any relevant information needed for deciding the best alternative placement for the children.
Does that make sense?
So if she isunable to continue to care for them andthe biological parents are unfit does the case get reopened?
I didn't see the last part at first
Well, it would be misleading to say "reopened" because the cases technically never close. But the issue of placement would have to be reconsidered, much in the same way that the specific issue of placement was determined originally.
I understand. If you believe that you may not have been able to see something that was written, please let me know. Thanks.
So if there are alternative placement and its not family how does that work would it matter?
Placement is determined based on the best interest of the child, but the courts prefer placement with family if that is feasible because that is typically what is best for the child. Naturally, just because someone is family, that doesn't automatically make them fit to care for a child, so it isn't automatic. Sometimes, there may be someone who is very close to a child who is not blood-related, and that person may also be considered as well. The fact that there is alternative placement available isn't relevant because the court is only interested in the child's needs, both physical and emotional, so it is going to vary from situation to situation. As I mentioned, the court will generally consider the wishes of the custodian simply because that person is usually in the best position to make a recommendation to the court.
And generally they try to keep them together as well correct because in this case there are 3 children
Yes, absolutely. That is an extremely high priority in most cases.
The only normal circumstances where a court will allow siblings to be split up is when they are much older (late teens) and they want to live separately.
So basically best idea obtain a lawyer & go to court
Well, I'm never going to tell someone to not get a lawyer involved in a custody matter, simply because the consequences are too important. But "yes", that is basically it.
Right ugh this is so frustrating but thank you so much for your help!!!
I saw that you tried to rate. Do you mind trying again? I do apologize.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).