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Is Your Child in Foster Care? How to Legally & Ethically Fight the System

If you have a child who is in the foster care system, it doesn’t mean that he or she will be there forever. The law generally prefers that biological parents and their children are kept together. Therefore, you can win your child back by proving that it is in your son or daughter’s best interest to live with you and be in your custody.

Go to Every Court Date

It is important that you go to every court date no matter what it takes to get there. Taking this step shows that you take getting your kids back seriously. It also shows that they are your top priority. It may also give you a chance to talk to the judge about the changes that you have made in your life.

Get an Attorney

Your attorney will act as an advocate throughout the legal process of getting your children back. He or she will be able to document the changes that you have made in your life such as getting a job or successfully completing drug or alcohol rehab. Legal counsel may also be able to better explain the circumstances surrounding an arrest or a domestic violence issue that may paint you in a more favorable light.

Build a Rapport with the Social Worker

The social worker assigned to the case is only concerned about the welfare of your child. Therefore, it is up to you to convince that person that you are taking steps to overcome any objections that he or she has to restoring your parental rights. In some cases, this may allow you to gradually win back parental rights over time and prove that you are not a danger to your son or daughter. Remember, you should always be on your best behavior when visiting with your child, especially in the presence of the social worker. Also, never assume that they don’t know what they are doing. They are typically well-trained and have, whether obtained at universities or online, msw degrees, which means that they have the knowledge of what it takes to get your child back to you again so make sure that you follow all of their advice and heed any warnings that they may give you.

Build a Support System

You don’t want to fight the foster care system on your own. Instead, reach out to family members, friends and others in the community who can vouch for you as a good person. These people will also be there during stressful times or when you start to doubt whether your efforts will ultimately amount to anything.

As a parent, losing custody of a child is a heartbreaking experience. The good news is that you can take actions that will eventually reunite you with your son or daughter. By following the above steps, you can convince a judge that it is in your son or daughter’s best interest to return home where they will be loved and cared for properly.

Author Info: Hannah Whittenly is a freelance writer and mother of two from Sacramento, CA. She enjoys kayaking and reading books by the lake. You can find her on Twitter.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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