Legal Question in Family Law in Illinois
Placement of foster children
My nephews child was taken into custody at birth although family members were willing to take the child no one was contacted. When I contacted them they said their is no such thing as relative placement. I began getting my Foster care liscence found out they had lied contacted them again. They stated since he had been in care they wouldn't move him as he was bonded with his foster mom. He was less than 6 months old. I have my FC liscence now. They had another child that one was placed with me. They both returned home. They were taken into voluntary custody again the parents requested they be placed with me. They weren't. Is there anything I can do? The boy is back with his old FM. The girl placed with half siblings she has never lived with. She is 10 mo.
1 Answer from Attorneys
Placement of foster children
Your letter leaves so many questions unanswered. Generally, parents have rights and that includes the right to place their children with competent caretakers, and you are a competent caretaker. You don�t say why custody of the child was taken from her parents to begin with, so I can�t ascertain why the parents� preference has not been honored.
You say �they� did this and �they� did that. See a lawyer. He or she can, if appropriate, have this matter handled in a courtroom where �they� do not control the outcome. Only after counseling with a lawyer can you confidently assess the possibly of obtaining custody of this child. Be aware that child custody proceedings can be difficult to win for non-parents. And also be aware that, if the child has been in the care of a competent foster home for more than six months, it may indeed be true that keeping the child in that home is �in the best interests of the child� (i.e., the guiding principle for all child custody determinations).
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