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Get custody of niece who is in the temporary custody of a relative who no longer wants her

Discussion in 'Child Custody & Visitation' started by James1600, Jun 17, 2019.

  1. James1600

    James1600 Law Topic Starter New Member

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    Jurisdiction:
    Tennessee
    Basic details: Sister-in-law has lost custody of her daughter many years ago. That daughter, my niece, has been through the foster care system for years. She has now been assigned to her grandfather by DCS. However, grandpa does not want to take her now- he's gotten cold feet. He has not taken physical custody of the child yet. Her biological Aunt and Grandma are interested in taking her in, but we need to know if this can be done without going to court.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Since DCS seems to be calling the shots at this point her Aunt or Grandma should contact them.
     
  3. Zigner

    Zigner Well-Known Member

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    Frankly, I think that Grandpa needs to let DCS know of his concerns - they may wish to all stay in close contact with the caseworker.
     
  4. justblue

    justblue Well-Known Member

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    Is the aunt/grandmother in the same area as the grandfather? Have they gone to DCS and talked to the case worker? The child can not be placed with a non-approved (DCS) family member.

    Has grandfather explained why he is now not willing to take the child in? Does the child have emotional trauma due to abuse/neglect from mother and spending years in the foster care system? Why hadn't any of the family members stepped in before now to get placement?
     
  5. James1600

    James1600 Law Topic Starter New Member

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    1) Aunt lives about 2 hours away, same state
    2) She has called DCS, and the caseworker seemed to have no idea what was going on about anything. Grandpa got custody after a 10 minute phone call (No home visit), so I guess "approval" is pretty straightforward?
    3) Grandpa allegedly has health issues and doesn't have enough room/income.
    4) DCS/Mother claims they did not have contact information for any family members, and basically did not tell anyone what was going on. We only found out that she was no longer with her previous foster family when she ended up at an institution for treatment for trauma related to abuse at her foster home.
     
  6. leslie82

    leslie82 Well-Known Member

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    They need to talk to DCS. ASAP.
     

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