My sisters baby was taken away for child neglect and he was placed into foster care for a month then my husband and I got temporary custody. My sister is upset because she wants to take the baby back into the home he was removed from and wants to break the rules that the child protective services gave us. What I was wondering is can she have him taken away simply because she doesn't want him there? My husband and I take excellent care of the baby. Let me also say that my sister hasn't done anything the court has asked her to do in order to get the baby back. I'm worried because my husband and I have done everything in our power to make sure this baby is safe and loved and I just hate to think he could be ripped away from us all because she doesn't want him to be with family
No, she cannot. The only way that custody would be taken away from you is either if you fail to take care of the child or if your sister gets her act together and applies to Court to regain custody of her child and the Court grants her request. Until then, the child remains with you.
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No, she cannot have the baby taken from you simply because she wants to. When a child is removed due to abuse or neglect, there is a preference for relatives if one is available and appropriate. The court decides whether it is appropriate, not the parents. Keep in mind that the goal at this point is return to parent. Courts may change the temporary custodian if their actions interfere with that goal, such as refusing to cooperate with visitation schedules, etc. At some point, the court will seek permanency for the child- meaning return to parent, permanent relative placement or adoption. If she doesn't work her case plan to enable return to parent, then you would be considered for permanent placement. If you are unable or unwilling to do, and no other relative is available, then foster care and adoption would be the last resort.
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