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FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1424
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I've been trying to get custody of my nephew for about a

Customer Question

I've been trying to get custody of my nephew for about a year now. He is in the foster care system. I did a home visit and everything and my state, ND, gave me a favorable ICDC report. Apparently Alabama decided not to continue with my request for kinship because there is something negative linked to my name in their system. I am completely unaware and was never notified about anything relating me to a case. I requested the report but the caseworker is now saying I have to have the documents subpoenaed . Is this true?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I live in North Dakota and my nephew is in Alabama
JA: Has anything been filed or reported?
Customer: I filed for kinship about 9 months ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: They initially granted me visitation but now they told me they won't let me see him because of this report I have no knowledge of that is all
Submitted: 9 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 9 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant law and other types of law. I look forward to helping you today.

This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. This is for educational purposes only and you are advised to seek your own legal counsel.

Also – I will be typing my answer for you so I’ll be back asap – I’d like to review your question.

Expert:  FamilyAttorney replied 9 months ago.

In many states you do indeed need a subpoena. Alabama doesn't outright say that but does say that you're among a class of people who are entitled to look at the reports because you are:

• A person engaged in bona fide research

What I would suggest is that you speak with an attorney in Alabama and see if they can get those records for you. These records are confidential, so they are not allowed to be distributed to just anyone. That being said, you're not just anyone, but CPS is very tricky to negotiate with. They would rather talk to lawyers than to non-lawyers. If you can get an Ala. atty to make a phone call for you, you might not need a subpoena. If that doesn't work, the attorney could do the subpoena for you.

Let me know if you need help finding an Alabama attorney -- I'd just need to know where in Alabama.

Expert:  FamilyAttorney replied 9 months ago.

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Expert:  FamilyAttorney replied 9 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!


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