Today’s request – I am trying to help a father get back custody of his child. Custody is currently with another relative. Child protective services are not involved. There will be a court case for him to try to regain custody as the relative is fighting to keep the child. Child wants to be with the parent, and the parent is absolutely more than capable of taking care of his child. Child’s mother is not very involved, but does want the child with the father. I am writing a letter on his behalf. Terrible at that kind of stuff. Is there anyone who can possibly help me? I want to make sure it’s the best possible and that I can help him in anyway get his child back. so if anyone out there is really good at writing this kind of stuff, can you help? Thank you!
PS I’m in adoptive parent, but not really involved in this particular situation.
A family law paralegal says – I’d recommend looking up your state’s child custody best interest factors and organizing your letter around how dad is able to meet those needs. If the child is of age and has a strong preference, honestly I would consider an in-camera interview.
blogger’s note – I found this From ChildWelfare.gov – LINK>Determining the Best Interests of the Child. Also, there is a pdf with a note – “To access the statutes for a specific State or territory, visit the LINK>State Statutes Search.”
This same person added – Another thing to keep in mind is that the courts may want you to testify in addition to the letter as your words on record will likely hold more weight. I’d let dad know that he can tell his attorney (if he has one) that you are willing to be a character witness on his behalf as well.
Another one notes – Depending on how the child went to the relative in the fist place, if Child Protective Services (CPS) is not involved, deference is supposed to go the natural parents. I know it doesn’t always work that way. But if they have avoided CPS and there was not a Termination of Parental Rights (TPR), he has a good shot at regaining his child.
One who is a qualified parenting consultant & custody evaluator in their own state writes – I can definitely help with that! There’s a few key points that are crucial in those letters, depending on the state, but the relative who currently has placement doesn’t have higher ranking rights to the child, if there’s no TPR or CPS involvement, there’s no reason for them to be shown legal preference. Is this child older than 10? If so, their opinion absolutely matters in a legal sense and needs to be advocated for.
Yet another suggests – Find a good father’s rights attorney. Is he a legal father? Has paternity been established? He really shouldn’t have too much issue as long as he is a legal father. The 14th Amendment of the constitution protects a parent’s rights. What men usually run into is – they have “no rights,” until they establish them. Especially, if they are unmarried. That’s why it gets complicated. But if he is already a legal father, get a good father’s rights attorney for the court date.
Missing Mom 