Where should I start?

[chitsm01]

What is the name of your state (only U.S. law)? Michigan.
I am in the process of being lisenced for foster to adopt with my state. On May 19th, 2011 my step brother and his girlfriend had a child,after the child tested positive for drugs in his first stool they were unable to take him home from hospital. I attended the emergancy hearing and on May 21,2011 my nephew was placed in my home through our local DHS. Since that time the mother has failed drug test and the parents refuse to get an psych. evaluation done,the parents have missed several visits with baby, and they are not doing what they are suppose to according to the permancy plan they have set up. I would like to get custody of my nephew, my question is should i wait to see if they start TPR hearings or should I hire an attorney before then.right now the baby is a temp ward of the state and I am considered a relative care provider. what are my chances of getting custody of my nephew the mother has had 4 other children taken from her already, but this is my step brothers first child, the parents are still a couple and live together. When is the right time to file for custody?

 

[LdiJ]

What is the name of your state (only U.S. law)? Michigan.
I am in the process of being lisenced for foster to adopt with my state. On May 19th, 2011 my step brother and his girlfriend had a child,after the child tested positive for drugs in his first stool they were unable to take him home from hospital. I attended the emergancy hearing and on May 21,2011 my nephew was placed in my home through our local DHS. Since that time the mother has failed drug test and the parents refuse to get an psych. evaluation done,the parents have missed several visits with baby, and they are not doing what they are suppose to according to the permancy plan they have set up. I would like to get custody of my nephew, my question is should i wait to see if they start TPR hearings or should I hire an attorney before then.right now the baby is a temp ward of the state and I am considered a relative care provider. what are my chances of getting custody of my nephew the mother has had 4 other children taken from her already, but this is my step brothers first child, the parents are still a couple and live together. When is the right time to file for custody?

To be honest, I think that you should stick with the DHS case and hope that you will eventually get to adopt the child via the DHS case. You have only had the child in your care for a few months, and DHS is going to give the parents at least a year, if not more, before they go the TPR route.

Otherwise, you really don't have standing for custody in the traditional sense (stepbrother rather than actual brother) and if you could get custody, either your brother or the girlfriend could come back and challenge that custody some day.

However, do get a consult with a local attorney to confirm this information.

 

[chitsm01]

To be honest, I think that you should stick with the DHS case and hope that you will eventually get to adopt the child via the DHS case. You have only had the child in your care for a few months, and DHS is going to give the parents at least a year, if not more, before they go the TPR route.

Otherwise, you really don't have standing for custody in the traditional sense (stepbrother rather than actual brother) and if you could get custody, either your brother or the girlfriend could come back and challenge that custody some day.

However, do get a consult with a local attorney to confirm this information.

Okay thank you for a quick response, I will just wait it out. And keep an attorneys number handy.

 

[NellieBly]

Be sure to document the missed visits, etc.

Good luck. It sounds like you're that boy's only chance in life.

 

[chitsm01]

Be sure to document the missed visits, etc.

Good luck. It sounds like you're that boy's only chance in life.

Ya it seems to be that way! I for surely document everything because they lie so bad I have too after every visit or no show I email the fcw and let her know whats going on. I have tried to help the parents only to be threw under the bus. I have had him since he was born and it doesnt look like his is going home anytime soon. I am just concentrating on the precious time I have with him.

 

[Ohiogal]

Actually I disagree with everyone above. You may be able to GET CUSTODY long before able to adopt. If you want custody, speak with an attorney now and see about filing a motion for custody ASAP. While the state won't TPR for a while, the ability to give custody to someone else often happens far sooner since it is based on best interests.

 

[LdiJ]

Actually I disagree with everyone above. You may be able to GET CUSTODY long before able to adopt. If you want custody, speak with an attorney now and see about filing a motion for custody ASAP. While the state won't TPR for a while, the ability to give custody to someone else often happens far sooner since it is based on best interests.

In MI, and I know this for a fact, if someone files for custody and receives it during a CPS case, it can take the child out of the CPS loop, and often parent's rights that should be terminated don't get terminated.

That can be a good thing if the party filing for custody is the child's other parent. That can be a bad thing if someone ultimately hopes to adopt the child, because the parent's rights might not get terminated and therefore they would have the ability to challenge custody or fight an adoption, in the future.

 

[gam]

In MI, and I know this for a fact, if someone files for custody and receives it during a CPS case, it can take the child out of the CPS loop, and often parent's rights that should be terminated don't get terminated.

That can be a good thing if the party filing for custody is the child's other parent. That can be a bad thing if someone ultimately hopes to adopt the child, because the parent's rights might not get terminated and therefore they would have the ability to challenge custody or fight an adoption, in the future.

Yes in some cases it can take the child out of the CPS loop. But in some cases it can't take the child out of the CPS loop. If a Judge gives a 3rd party custody, he can also give the parents some parenting time. CPS will then remain involved at least for awhile. If the parents were to get their act together, and visits go well, they can always file to get custody back.

Judges are not fond of giving no parenting to parents. The Judges in the large area I am familiar with in MI, tend to give parents every chance, including ones were CPS is involved.

 

[LdiJ]

Yes in some cases it can take the child out of the CPS loop. But in some cases it can't take the child out of the CPS loop. If a Judge gives a 3rd party custody, he can also give the parents some parenting time. CPS will then remain involved at least for awhile. If the parents were to get their act together, and visits go well, they can always file to get custody back.

Judges are not fond of giving no parenting to parents. The Judges in the large area I am familiar with in MI, tend to give parents every chance, including ones were CPS is involved.

I agree with you that parents are going to be given every possible chance.

I am familar with several MI cases. In each of those cases the CPS caseworker actually recommended that the party file for custody specifically to take the child out of the CPS loop.

One father I know fought hard to KEEP his child in the CPS loop after receiving custody because he believed that mom would not follow through with the case plan and that her rights would be terminated. He was correct.

He did this because another father we knew did not fight to keep his child in the CPS loop and while mom's rights were terminated for her other children, they were not terminated for his child, and he spent countless hours in the courtroom in the years following, as a result.

The OP's end desire appears to be to adopt this child. Its less likely to happen if she gets custody now, and I believe that she may not even have standing for custody.

 

[Ohiogal]

I agree with you that parents are going to be given every possible chance.

I am familar with several MI cases. In each of those cases the CPS caseworker actually recommended that the party file for custody specifically to take the child out of the CPS loop.

One father I know fought hard to KEEP his child in the CPS loop after receiving custody because he believed that mom would not follow through with the case plan and that her rights would be terminated. He was correct.

He did this because another father we knew did not fight to keep his child in the CPS loop and while mom's rights were terminated for her other children, they were not terminated for his child, and he spent countless hours in the courtroom in the years following, as a result.

The OP's end desire appears to be to adopt this child. Its less likely to happen if she gets custody now, and I believe that she may not even have standing for custody.

Yes she would -- because she has a relationship with the child. Therefore she could file for custody and custody would be determined on a best interest standard for the child.

 

[gam]

I agree with you that parents are going to be given every possible chance.

I am familar with several MI cases. In each of those cases the CPS caseworker actually recommended that the party file for custody specifically to take the child out of the CPS loop.

One father I know fought hard to KEEP his child in the CPS loop after receiving custody because he believed that mom would not follow through with the case plan and that her rights would be terminated. He was correct.

He did this because another father we knew did not fight to keep his child in the CPS loop and while mom's rights were terminated for her other children, they were not terminated for his child, and he spent countless hours in the courtroom in the years following, as a result.

The OP's end desire appears to be to adopt this child. Its less likely to happen if she gets custody now, and I believe that she may not even have standing for custody.

I can sit and list cases where CPS did stay involved after custody was given to the other parent. In the 1 custody was given to the father, CPS remained involved because mom was given parenting time by the court. Mom also had a child with another father, at first CPS found no reason that, that child was part of it. However they eventually found reason to believe that child was involved also. That child's father had custody of the child to. CPS is still involved in the case for both children as we speak. Right now mom only has supervised visitation with both children, supervision occurs at the DHS office. They have been involved with the 1st child for about 2 years now, and for 5 months with the 2nd child.

In Mi CPS is just like the courts, it varies so much from county to county. One county it is basically standard that CPS remains involved, in another county, you are lucky if CPS will even find a darn thing to be involved in the first place, let alone stay involved if another party receives custody.

It may be fact that some cases CPS steps out, but it is also fact that in some cases CPS remains involved.

 

[Ohiogal]

In OP's first post in this thread she asks about obtaining CUSTODY of the child -- not adoption.

I would like to get custody of my nephew,

 

[gam]

In OP's first post in this thread she asks about obtaining CUSTODY of the child -- not adoption.

Yes she did. She also states the baby is a temp ward of the state. Also said she is in the process of getting licensed as a foster parent and stated that TPR has not started. She is at this time is considered a relative care provided.

As you stated she has a relationship with the child, so she could seek custody, as she asked about. And it is fact in Mi that CPS can and will stay involved, there are cases both ways.

OP asked about hiring an attorney to seek custody. Very least OP should at this point go ahead and seek an attorney to advise her. That attorney should practice in the county the case is in, they would actually know for FACT, how the court and CPS is in that county. Many attorney's give free consultations, OP could see many and find one that would be ready to jump in, no matter what occurs in this case.

I"m in agreement with your first post of advice to the OP.

 

[tuffbrk]

She also says "licensed to foster to adopt" in my state which doesn't make any sense. Like you, my interpretation is that she wants custody of the child as a foster parent.

Managing the situation as a "foster" provides the child with health insurance and will give OP some financial assistance in paying for food, clothing, etc.

 

[LdiJ]

In OP's first post in this thread she asks about obtaining CUSTODY of the child -- not adoption.

She stated that she was becoming licensed as a "foster to adopt". That implied to me that she wished to adopt a child.