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  1. #1
    Join Date
    Mar 2012
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    Default How Can Foster Parents Become Co-Guardians or Share Custody with Parent

    My question involves guardianship in the State of: NY

    Supposing a young child has been in foster care for quite some time, and the foster agency is recommending the child be returned to the mother...but the mother and foster parents are in agreement that some type of parenting arrangement shared among them would be in the child's best interest. Supposing the mother does not want to terminate her parental rights but would like to have some type of shared custody going forward with the foster parents.

    Is it correct to assume that, once the child is no longer in care, the foster parents would have to obtain guardianship (or co-guardianship?) in order to continue serving in a parental role with the child? What do parental rights mean in a situation in which another couple also has guardianship?

    In what ways could such a situation could be approached (any other routes in terms of joint custody?), and what are the pros and cons of each?

    Thanks in advance...

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: How Can Foster Parents Become Co-Guardians or Share Custody with Parent

    Where is the other parent?

    If the foster agency is recommending placement with the mother and the mother doesn't want full placement, they're likely going to prefer a different arrangement.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Mar 2012
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    2

    Default Re: How Can Foster Parents Become Co-Guardians or Share Custody with Parent

    I do not believe the other parent is/has been in the picture, but I don't have further details at this time.

    It's not that mother doesn't want full placement, but is prioritizing the child's needs (child has been in care for most of child's life and mother recognizes it may be detrimental to child to totally disrupt the relationship with the foster parents, who have primarily raised child).

    What type of arrangement(s) would the foster agency recommend? If there is more than one option, what are the pros/cons for each?

    If the arrangements the foster agency would prefer are not preferable to the mother and/or foster parents, would it be feasible to work out their own legal arrangement after the child is returned to the mother's care, or would that be problematic for either party?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
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    17,816

    Default Re: How Can Foster Parents Become Co-Guardians or Share Custody with Parent

    Who are you in this scenario?

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: How Can Foster Parents Become Co-Guardians or Share Custody with Parent

    The agency will be returning the child based upon the presumption that Mom actually wants to keep the child. Otherwise it defeats the object somewhat.

    There's nothing stopping Mom from working out an informal agreement with the foster parents. They can still maintain a healthy relationship with the child.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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