There was allegations of neglect with the mom.... 'inadequate supervision". So now they're looking to place the children somewhere. DSS asked for adoption, but a sister wants the kids. Dss is saying they can't place the kids with a non blood relative, but this person is willing and able and is someone who has known the kids since birth. She'd been raised all her life with the family since she was 3 just as a sister. Are there any laws that can accept someone like this especially since the kids want to go to live with her? Wouldn't the court see 'just like family' is better than adoption/strangers?
It depends on your jurisdiction. I suggest you talk to an attorney who handles both neglect and custody cases. If you can't find someone who does both, then talk to someone in each area.
Also check to see if your jurisdiction has a third party custody statute and/or how DSS characterizes god-parents/close family friends as kinship foster parents.
I have problems with this as I see a bright line being applied inapprobriately , see an attorney.
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.
If CFSA is already involved, then they will likely only place the child with someone who is qualified as a foster parent in the system. There are ways to file a third party custody action, but that may not be an option if the state is already involved. You should consult a lawyer to find out your options.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline