QUESTION

Can I get custody of my nieces and nephew if they are in foster care right now?

Asked on Sep 01st, 2011 on Child Custody - Arkansas
More details to this question:
My fiance and I are wanting to get custody of his 5 nieces and nephew. He's 19 and I'm 20. He works and I only work every other weekend at a nursing home. We live with my mom and we would continue living with her in a 4 bedroom house for another few months until we can find a place of our own. Right now the kids are in foster. Can we get custody and if we can, how would we go about doing so?
Report Abuse

7 ANSWERS

Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
Update Your Profile
What was your relationship with your niece and nephew? Contact Children's Services who placed the kids to get interviewed, etc. You may be able to petition the court for "standing" to be able to get custody from the foster parents.
Answered on Sep 08th, 2011 at 8:08 AM

Report Abuse
Roianne Houlton Conner
You would have to apply with the Court which placed the children in foster care. There would be an investigation as to whether or not you could properly care for the children before you are granted custody. Also your very young age may be a problem with you getting custody.
Answered on Sep 07th, 2011 at 12:51 PM

Report Abuse
Bankruptcy Attorney serving North Muskegon, MI at Holmes Law Office
Update Your Profile
Yes, You will have to file a petition for guardianship or adoption. The process can be complicated. And will normally require a home investigation by DHS.
Answered on Sep 07th, 2011 at 10:59 AM

Report Abuse
Patricia C. Van Haren
You can speak with the social worker to discuss having your home deemed the appropriate placement for the children. You may also file with the children's court requesting that the children be placed in your home rather than with foster care. You will likely want to hire an attorney familiar with Dependency Court proceedings.
Answered on Sep 07th, 2011 at 10:30 AM

Report Abuse
Glen Edward Ashman
It is highly improbable that two young adults who cannot afford their own residence would get custody, but see a lawyer if you want to be sure.
Answered on Sep 07th, 2011 at 10:07 AM

Report Abuse
Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
Update Your Profile
If the children are in foster care, that indicates that there is some sort of child protection case pending in the juvenile court because they have been removed from the care of their parents by the State. That means that you need to contact the DHS case worker involved in the case to determine whether there is any option for your fianc to acquire temporary custody. The only way you could ever get permanent custody in that case would if the parents rights are terminated.
Answered on Sep 07th, 2011 at 7:09 AM

Report Abuse
Get married hand get a lawyer.
Answered on Sep 07th, 2011 at 7:08 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters