Results 1 to 8 of 8

Hybrid View

  1. #1
    Join Date
    Dec 2015
    Posts
    4

    Default Adult Sibling Not Permitted Visitation with Children Placed with Relatives

    My question involves a child custody case from the State of: Washington

    My mother broke federal laws in August of 2015 and will be facing prison time in 2016 for anywhere from 6-9 years. Because of this, Child Protective Services felt she was not fit to keep my minor siblings in our home, so they were seized...their father signed away his rights to them so there weren't many options on where they could go. And because I am a young adult clearly CPS couldn't touch me. My siblings were in foster care until October until they were placed with relatives (guardianship) across the state. I've only been in contact with them twice since August and my maternal grandmother and I were cleared to go see them for Christmas but for some reason CPS has changed their minds and feels like it isn't beneficial for us to even be able to talk to them, I'm not sure for how long...and frankly I am getting very, very tired of this. I am their older sister, I'm barely 19 years old, I didn't break federal laws and I want to see them! I know for a fact that their paternal grandfather has been able to see them and their paternal grandmother can see them. I have been very cooperative and understanding through all of this but I seriously just want to know if I have any, even if it's a little bit, legal standing as their older sister so I can try and fight for some rights to see them.

    Editing for clarity- I couldn't get custody of them because I'm not fit to have custody of them, being as I'm 19 and I still live in the home for the time being. My grandma couldn't get custody of them because she too, lives in the home. I'm not sure if this is one of the reasons why CPS is not letting us see them or contact them.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Adult Sibling Barred from Visitation with Siblings: Do I Have Any Legal Standing

    Since your mother is not in prison yet I suspect cps is concerned about you conspiring with your mother to allow her to see the children. Of course that is only speculation.

    Have you asked cps why you cannot see your siblings? Have you inquired about possibly a supervised visit?

  3. #3
    Join Date
    Dec 2015
    Posts
    4

    Default Re: Adult Sibling Barred from Visitation with Siblings: Do I Have Any Legal Standing

    That is something I've been suspecting as well, it's come up in conversation several times. My mother is not allowed to have any sort of contact with them and we were told when we were supposed to go see them that talking about our mother in any shape or form was not permitted. And I can't say I have tried talking to CPS yet, mainly because I feel like I'm at a wall and I don't know how to go by talking to them. I know they're just protecting my siblings and I credit them for that, it's just hard on me at times.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Adult Sibling Not Permitted Visitation with Children Placed with Relatives

    Quote Quoting xxCourt96xx
    View Post
    My mother broke federal laws in August of 2015 and will be facing prison time in 2016 for anywhere from 6-9 years. Because of this, Child Protective Services felt she was not fit to keep my minor siblings in our home, so they were seized...their father signed away his rights to them so there weren't many options on where they could go.
    The children were placed in protective custody, dad decided to give up his parental rights, and... what's the status of mom's case?
    Quote Quoting xxCourt96xx
    My siblings were in foster care until October until they were placed with relatives (guardianship) across the state.
    This is a placement in lieu of terminating mom's parental rights? A placement subsequent to the termination of mom's parental rights? Was the guardianship awarded by the court overseeing the protective proceeding, as part of permanency planning for the children, with adoption having been determined not to be in the children's best interest?
    Quote Quoting xxCourt96xx
    [M]y maternal grandmother and I were cleared to go see them for Christmas but for some reason CPS has changed their minds and feels like it isn't beneficial for us to even be able to talk to them, I'm not sure for how long...
    There's no "for some reason" -- there is a reason. If in fact this decision was instigated by CPS, what did the case worker say when you asked for the reason?
    Quote Quoting xxCourt96xx
    I have been very cooperative and understanding through all of this but I seriously just want to know if I have any, even if it's a little bit, legal standing as their older sister so I can try and fight for some rights to see them.
    You can read sibling visitation policies here. Washington has considered passing a statute formalizing a mechanism for a sibling to seek visitation, but no such statute has yet been passed. If the denial comes from the court that ordered the guardianship, you can explore the possibility of petitioning that court to permit visitation.
    Quote Quoting xxCourt96xx
    Editing for clarity- I couldn't get custody of them because I'm not fit to have custody of them, being as I'm 19 and I still live in the home for the time being.
    "The home" being your mother's home? That could be a factor in the decision, but it is likely that there is more to the decision.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Adult Sibling Not Permitted Visitation with Children Placed with Relatives

    How did Dad "sign over his rights"?

  6. #6
    Join Date
    Dec 2015
    Posts
    4

    Default Re: Adult Sibling Not Permitted Visitation with Children Placed with Relatives

    In April or May of this year he abandoned them completely...wouldn't call them, wouldn't come see them. When everything happened in August he was tracked down in some town up north and came into town to go to court and simply signed over his parental rights to them.

    - - - Updated - - -

    Status of my mom's case: Can't have any form of contact with them at all.

    The Guardianship was awarded by the court, at this time I'm not 100% sure if adoption is an option.

    As I'm coming to find out as the day goes on, my siblings are having quite a few issues adjusting in their new surroundings. The three of them require mental health counseling...nothing that's too terrible, but I'm assuming this is a factor in why CPS has changed their minds...having my grandma and I see them would be like throwing a monkey wrench into a machine and would add to the issues. We were hoping by Christmas they would be more adjusted for visitations, but it doesn't seem like this is the right time right now. I made this post in a fit of frustration and I've been facing the facts all day. Visitation, as much as I want it, isn't what my siblings need right now. In due time I'm hoping that the timing will be better. Thank you for your help.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Adult Sibling Not Permitted Visitation with Children Placed with Relatives

    Okay, so his custodial rights have been terminated - not his parental rights. Well, if he's not in the picture it only makes sense to exclude him from possible placement ... although if he changes his mind it could throw another wrench into the machine.

    I have to give you a ton of credit, Court; you've been put into a very difficult situation and the last two sentences of your last post tells me you're possibly the best, and most sensible, elder sibling a child could wish for. Good for you for putting them first even though it's so hard for you to do that.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Adult Sibling Not Permitted Visitation with Children Placed with Relatives

    Perhaps their case worker would be willing to consider a visit at the office of the children's therapist, with the therapist supervising / moderating the visit, and moving forward from there. The therapist would also have to be willing.

    1. Sponsored Links
       

Similar Threads

  1. Guardianship: Can Out-of-State Relatives Get Guardianship of Minor Children
    By jamiejackson1978 in forum Disability and Elder Law
    Replies: 6
    Last Post: 08-16-2015, 02:29 PM
  2. Sex Offenses: Adult Nephews Recently Revealed Repeated Rape/Sodomy As Children by Adult Cousin
    By silverknees in forum Criminal Charges
    Replies: 3
    Last Post: 08-07-2011, 02:49 PM
  3. Guardianship: How Do I Go About Getting My Children Back After Giving Custody to Relatives
    By motherof2girls in forum Disability and Elder Law
    Replies: 3
    Last Post: 06-18-2011, 09:01 AM
  4. Visitation Rights to Adult Children
    By Soxpats5 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 06-11-2010, 04:56 PM
  5. Paying Child Support, But No Visitation Permitted
    By ocean in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 12-05-2007, 02:22 PM
 
 
Sponsored Links

Legal Help, Information and Resources