QUESTION
How can I get custody of my nephew’s children if their parent’s rights have been terminated?
Asked on Mar 04th, 2014 on Child Custody - New Jersey
More details to this question:
My nephews boys, where placed in foster care one 20 months ago (when 2 months old) and the other 4 months (right after being born) and never placed with our family. I am trying to get them placed in my home, but with no luck. Now the parent’s rights have been terminated and I have a guardianship hearing. Even though I heard foster worker’s was mad at me for doing this. I talk to a lawyer before the rights where terminated and he told me to try on my own cause. It should be no problem and it can be expensive and I don’t have a lot of money. So I am not really sure what I should do about this whole situation and I think they should be with family. Help me with some answers.
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Same advise, represent yourself, and seek guardianship on your own if you cannot afford an attorney. In such cases the court usually favors relations.
Answered on Mar 06th, 2014 at 11:11 AM
Divorce Attorney serving Newton, NJ
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Gruber, Colabella, Liuzza and Williams
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Assuming you already made an application and have a hearing set, you should contact an attorney to represent you in the trial. It is complex and you should first get discovery of all records. Then you can adequately cross examine the case worker(s) and prepare your own case to counteract their position.
Answered on Mar 06th, 2014 at 11:00 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It is entirely possible that the children have already been adopted by somebody else. If not, you can try and get them from the state. However, CPS may raise the concern that the parents will still have access to the children.
Answered on Mar 06th, 2014 at 11:00 AM