Q: How can i get return custody of my kids from dcpp if there not adopted yet, even though my right were taken ayear ago ??
I was addicted to percocets during my pregnancy so my kids were taken after my baby was born 5 yrs ago, as of last year my right were taken. Ive been clean now over 2 years and im still n out patient rehab, i attend NA/AA meetings 3 times aweek for 3 yrs now, i received one on one counseling for 3 yrs straight now 2 to 3 times amonth, i have had stable housing now for over 2 yrs as well and a stable job plus im doin another parenting course. I feel im more then ready to get my kids home now....But How???
A:
Hello, and so very sorry to hear about all that you have gone through. Having your parental rights terminated is devastating to parents without question. You can challenge the decision to terminate your parental rights in court. It's technically called a 4:50 motion and in your court papers and when you speak with the judge, you are asking him or her to reverse the termination of your rights in hopes of getting custody of your kids back.
I'm not going to sugar coat it: it is not an easy court case. But, it's not impossible, either. A winning argument would include showing the judge that you can provide a safe and stable home for your children, and that you have successfully completed your drub program, including still attending NA. You must prove it is in your children's best interest to be reunited with you again. You can show that you have a good relationship with your child and still communicate with them if that's the case, but definitely be sure to stress that they are not yet adopted. You want to show that you can offer your children the stability that they need but aren't getting thru the Division.
Talk to an attorney. It is crucial that you get the right guidance before going down this road. You want to make sure all your ducks are in a row. Many attorneys, like us, offer free consults. It's a great and highly recommended first step. Best of luck to you and I hope this was helpful. Regards, Bari
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