If the court has terminated my rights?
If the court has already terminated my rights is there any chance of one of my family members be able to take her instead of her being adopted by the foster care family that has her? Her biological father is incarcerated but goes to trial in September and his rights have not been terminated
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If the father’s parental rights have not been terminated, then there is still a chance that the child can come home to him. The odds are that they will try to terminate BOTH parents rights. They will try to use what ever he was incarcerated for to say that it is not in the child’s best interest to live with the father.
They will also not want to give the child back to the father because you two might get back together. One parent would be terminated and the other would not, and living together with the child……we can’t have that now….can we?
Usually, CPS will have already gone down the list of relatives that they made at the beginning of the case. They will discredit each one until there are none left on the list. Then they are able to keep control of the child and you more.
Because your rights have been terminated, you no longer have ANY say in the matter. But on the other hand, the father does. The father can suggest to the court that the child is cared for by a relative instead of someone the child does not know. Note the word “suggest”. The court has given CPS custody of the child and they make the decisions of WHO the child will stay with.
If you know of a relative that would be willing to step up to the task of caring for your child, then ask them. Have them contact CPS. They would then have to go thru rigorous background checks, make sure that the household is safe, and even some training.
You can find more information at https://www.childwelfare.gov/pubpdfs/f_kinshi.pdf