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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115464
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have a similar case to the one posed in this question from

Customer Question

I have a similar case to the one posed in this question from 3 years ago.
http://www.justanswer.com/family-law/5xp2d-foster-parent-month-old-since-birth.html
In my case the judge has completely disregarded almost all of the points made in the response provided that supports granting custody to Foster Parents. We had the child in our care for from 12 days old (Nov 2014) to 7.5 months of age (Jun 2015) with a plan of TPR/adoption. It was at this time that a family court judge allowed DSS to remove her without providing the required 10 day written notice citing "harm to the child" because we called her a nickname (under full knowledge of the GAL and approved to do so by CW). The child was first placed with a cousin under "guardianship" with no intent to adopt. Then after 2weeks the cousin asked to return custody to DSS and our foster care due to an illness. The judge ordered the child be returned to DSS custody (Jul 2015) but specified that she could not be returned to OUR foster c
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 1 year ago.

What question may I answer for you about your particular situation?

Customer: replied 1 year ago.
I guess my question truncated...
I have a similar case to the one posed in this question from 3 years ago.
http://www.justanswer.com/family-law/5xp2d-foster-parent-month-old-since-birth.htmlIn my case the judge has completely disregarded almost all of the points made in the response provided that supports granting custody to Foster Parents. We had the child in our care for from 12 days old (Nov 2014) to 7.5 months of age (Jun 2015) with a plan of TPR/adoption. It was at this time that a family court judge allowed DSS to remove her without providing the required 10 day written notice citing "harm to the child" because we called her a nickname (under full knowledge of the GAL and approved to do so by CW). The child was first placed with a cousin under "guardianship" with no intent to adopt. Then after 2weeks the cousin asked to return custody to DSS and our foster care due to an illness. The judge ordered the child be returned to DSS custody (Jul 2015) but specified that she could not be returned to OUR foster care. The judges intent is to grant the alleged BF custody if and when his paternity is ever proven. He has denied paternity and been ordered to take two separate paternity tests (April 2015 & July 2015) but has not taken one yet. He has not provided any support to date and did not visit the child until she was 6 months old (Apr 2015). At our attorneys advice we attempted to filed a private action adoption and motion to intervene at the June hearing when the child was moved to the cousin but were denied all opportunity to speak at the hearing.What is our options to fight the judges' complete disregard of our established rights as foster parents?Jodi
Expert:  S. Huband, Esq. replied 1 year ago.
Thanks for the clarification. Your question goes beyond my expertise. I'll opt out and another expert may be able to assist you. You have not been charged for my response. Please don't reply here as that may delay you getting a response from another expert.
I wish the very best,
Shuband
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid to say that in order to intervene in a case, you have to have standing. As a non-relative and non-parent, you do not have such rights. Being a foster parent does not give you a legal right to intervene in this proceeding, which is why the judge could not allow you to speak.
Because the child is in care of the state, the state has to approve any adoption and if they do not approve any adoption, then you do not have any legal basis for you to go to court to demand custody back.
Foster parents unfortunately do not have any legal rights in these matters. So if you could not get the adoption done, legally the judge could not allow you to speak or even intervene in the case in court due to the lack of standing I am sorry to say.
The only way to do this is to find a relative to get custody of the child away from the state. Once one of the child's relative gets custody away from the state, then you could negotiate with them to adopt the child from them. Otherwise, I am afraid the court's hands are tied.
Customer: replied 1 year ago.
I understand that because the way the judge handled the custody she eliminated our status as foster parents thereby eliminating any way that we could establish/gain standing in the case.My question is how do we fight the total disregard for established protocol and policy by the judge in this case? Or if that is not a possibility if the paternity test were to come back negative would we have any grounds to ask the judge to returned the child to our foster care since the identified individual was not the father?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Even as foster parents, your only standing would be to assist the state and to seek the best interest of the child
Unfortunately, there is no way to challenge the judge's order or his conduct in the case because of the lack of standing. If the other person is not found to be the father, all you can do is petition CPS for the child to be returned, but as long as the child is a ward of the state, it is solely in their hands I am sorry to say.

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