Q: Can a former foster parent obtain parental rights or access to a child now returned to their biological parents?

A: I understand that this is likely a very emotional situation for you, especially after forming a strong bond with the child during the foster placement. In New York, however, the law gives significant weight to the rights of biological parents, particularly when those rights have not been terminated and the child has been returned to their care.

As a former foster parent, your role was temporary and based on the child being in the custody of the local department of social services. Unless your parental rights were established through a legal adoption or guardianship proceeding, you do not have standing to assert full parental rights once the child has been reunified with their biological parents. The fact that there was no termination of parental rights means the biological parents have retained full legal authority over their child, and that authority resumes fully upon reunification.

That said, you may be able to request visitation or contact under limited circumstances. New York courts have recognized that foster parents may, in rare cases, seek visitation rights when they can demonstrate that they had a meaningful, ongoing relationship with the child and that continued contact would serve the child’s best interests. However, this is not an automatic right and is not commonly granted. You would need to petition the Family Court for visitation and show that you have developed a substantial parental-like bond with the child and that cutting off contact would be harmful to their well-being.

The court will carefully weigh the rights of the biological parents, who have a constitutional right to raise their child without interference, against any potential benefits to the child from maintaining a relationship with you. Courts are generally reluctant to override parental decisions unless there is clear and convincing evidence that such contact is necessary to promote the child’s emotional welfare.

If the biological parents are open to ongoing contact, it may be possible to arrange visitation informally without involving the court. However, if they object and you still wish to pursue contact, it would be important to consult with a family law attorney familiar with New York visitation rights and foster care law. An attorney can help assess whether your relationship with the child is strong enough to support a formal petition.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.