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Foster Parent Rights Lawyers

What is a Foster Parent?

A foster parent is generally an adult, with no blood or legal ties to a child, who cares for and raises that child under the direction or supervision of a welfare agency.  Foster parents usually look after children for some monetary compensation.

What Rights Does a Foster Parent Have?

A foster parent is a unique relationship.  While foster parents look and act much like "loco parentis", they actually share the parental responsibilities with a welfare agency.  It is the welfare agency, however, who holds the legal custody of the child.  As such, a foster parent generally has rights similar to a natural parent plus many of the following:

  • Preserve the integrity of their own family unit,
  • Contract rights stemming from the agreement with the welfare agency,
  • Receive payment for services,
  • Punish the child to the same extent a parent can,
  • Possibly be immune from the child's criminal or civil actions, and
  • Possibly terminate natural parent rights.

The rights of a foster parent can generally be terminated by the welfare agency at any time.  Foster parents may also find that their rights fall below a natural parent's right in some situations.

When Can a Foster Parent Terminate a Natural Parent's Rights?

Foster parents have the right to terminate a natural parent's rights in some states.  In order to terminate the rights of a natural parent, a foster parent has to be involved and have standing in any of the following instances:

  • Institute adoption proceedings,
  • Institute custody proceedings,
  • Receive a judicial court order, or
  • Third party guardian or conservatorship proceeding.

Do I Need an Attorney to Protect my Foster Parent Rights?

If you think your rights as a foster parent have been violated or you are trying to terminate a natural parent's rights, it is highly recommended that you contact a family attorney.  Only they will be able to properly explain the issue and help protect your rights.

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