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I am trying to find a sample motion for reinstatement of my…

Customer Question
I am trying to...

I am trying to find a sample motion for reinstatement of my parental rights

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Not since the termination

Lawyer's Assistant: Family law varies by state. What state are you in?

Arizona

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I live in Nevada now, but my child lives in Arizona. the TPR was in May 2016 and he is not yet adopted.

Submitted: 2 months ago.Category: Family Law
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Answered in 13 hours by:
3/25/2018
Family Lawyer: Josie-Mod,
 replied 2 months ago
Josie-Mod
Category: Family Law
Satisfied Customers: 12
Verified
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
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Customer reply replied 2 months ago
I don't mind waiting, thank you.
Family Lawyer: Bruce Schreiber, Family Law Attorney replied 2 months ago
Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 470
Experience: Attorney At Law at SELF
Verified

Welcome & thank you for your question. I am the professional that will be assisting you. I am a Certified Child Welfare Law Specialist.

I am reviewing your question & will be with you shortly.

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 2 months ago

Arizona does not appear to have a statute that allows for reinstatement after TPR, and it appears your right to appeal has passed.

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Customer reply replied 2 months ago
I did appeal, it was dismissed for not using hyperlink. Which at the time I didn't know what that was. I know that aren't any statutes addressing reinstatement, but there aren't any that specifically prohibit it either. There are so many statutes, however,that require dcs to place a child with relatives vs non relative foster placement. Many of my relatives have requested placement, most of them were denied without even meeting them. In fact one family member has never to this day, received any reply at all.
Family Lawyer: Bruce Schreiber, Family Law Attorney replied 2 months ago

Placement is a different issue from reinstatement. These are the preferred placement rules:

B. The department shall place a child in the least restrictive type of placement available, consistent with the needs of the child. The order for placement preference is as follows:

1. With a parent.

2. With a grandparent.

3. In kinship care with another member of the child's extended family, including a person who has a significant relationship with the child.

4. In licensed family foster care.

5. In therapeutic foster care.

6. In a group home.

7. In a residential treatment facility.

Unfortunately, since your rights have been terminated, and your appeal was denied, you do not have standing to question the placement.

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 2 months ago

Do you have further questions?

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please feel free to ask more questions and I will be happy to continue to assist you.

Thank you for using JA! We appreciate your business.

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 2 months ago

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

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