If parents' rights were not terminated then they still have them. The only way to (possibly) keep kids out of their custody is by a petition for custody, or the higher level case could be a petition to terminate the parental rights. Both would involve the children's best interest but the legal standards are different. If parents are not currently fit parents you may find you have to file one or the other.
Answered on Feb 01st, 2020 at 11:51 AM