There are times in everyone’s lives when the world seems to spin too erratically on its axis. The very act of living becomes overwhelming. Important responsibilities become compromised. Everyone goes through times like this. Unfortunately, the consequences associated with tough times can be much harder for some people than they are for others. At times, some consequences can be unreasonable, even unjust. But thankfully, in most situations, things that have spiraled a bit too far out of control can be made right again with effort.
Parents whose children have been placed in foster care during difficult times may understandably be panicked about the safety and security of their children. They may miss their children terribly and be focused intently on getting their children out of foster care as soon as possible. Oftentimes, with effort, that goal is attainable.
If you have a child or children in foster care and have questions about how to get your children back in your care, please consider reaching out to our firm. We are happy to answer your questions and advise you of any legal options that may be either immediately available or available under certain future circumstances.
The Best Interests of the Child
When a child’s parents get divorced, legally separate or are no longer romantically involved, courts determine child custody and placement based on the “best interests of the child” standard. This standard compels judges to determine what living situation will best support a child’s physical well-being, mental and emotional well-being and health. If an available living situation does not present itself to be in the child’s best interests but another available option does, the judge will opt to place the child accordingly.
It is important to understand that placement either within the foster care system or with a child’s biological or adoptive parents is made according to the best interests of the child standard. This is not to say that judges always make custody determinations that ultimately meet that standard. Judges are human beings who make mistakes and are prone to subconscious biases that may influence their decisions in negative ways. But in general, judges are held to this standard and are required to make their decisions based upon it.
Therefore, if a judge determines that placing your child back in your custody is in your child’s best interests, your child will likely be able to leave the foster system. If a judge determines that placing your child in your care is not yet in your child’s best interests, your child will likely be compelled to stay in foster care for some additional time.
Help Is Available
Parents with children in foster care need not navigate the complexities of the system alone. Please consider reaching out to a family attorney trusts who can advocate for the best interests of children involved in family law disputes and foster care. They can also answer any questions you may have about foster care and how it may be possible to remove your child or children from the system.