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Law Offices Of David Bliven
Law Offices Of David Bliven
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Is this consider kidnapping? Is it possible the judge will still return my kids?

  • By: David Bliven
  • Published: December 6, 2021

Q: My 9 year is in foster care. His foster mom took him to Tennessee. He is only allowed out the state 30 days since he is in NY state custody. He has been in Tennessee with her since November. She claims her flight was canceled. Then she claims he mom’s home attendant doesn’t show up all the time. She then made another excuse up about coronavirus is getting bad. I let the foster care agency caseworker and supervisor know. My lawyer said if they don’t take care of it by next week he will have to take legal action. My permanency hearing is next week through zoom. I only had to do mental health counseling, DV counseling and parenting classes. I completed parenting classes and I will complete DV next week. Plus they wanna start overnight visits. We do visits on video because covid. We do in person visits once a month because covid. My kids been in foster care almost 11 months. My lawyer said she is hindering reunification. The permanency report states that they plan to return my kids. I have 4. My 16 year is the only one granted permission to live out of state. I agreed to let him stay with my sister. The other three are coming back to me

A: If you believe the foster mother is violating the court order, then the remedy would be to file a contempt motion. One would need to review the prior paperwork in the case, however, to render a definitive opinion. Schedule a consult with a Bronx Child Custody Attorney for a full assessment.

David Bliven, Esq.

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