The Law Office of Gustavo E. Frances, P.A. Main Menu

Former foster parents facing family law issues in another state

A 6-year-old girl of Native American ancestry has been ordered to live with family members in another state. For four years, she had been living with a foster family, who was apparently deeply saddened by the court's decision. The court of appeals recently affirmed an earlier decision handed down in a lower court. Foster parents in Florida facing similar family law issues will want to explore all available options to obtain positive outcomes in their own situations.

The attorney representing the former foster parents of the young girl has stated that the court should consider the strong bond the child has developed with her foster parents and siblings. The family had requested that the higher court overturn the lower court's previous decision in order to do what is best for the child and avoid the potential emotional trauma that she may suffer by being separated from the family she has known and loved for four years. The court seems to disagree with them as to what is best for the child.

In fact, the court determined the former foster parents seemed too hesitant to encourage a connection between their foster daughter and the child's extended relatives. The court also ruled that the child should be encouraged to embrace her tribal culture; therefore, she was placed with family members. Apparently, there is an old federal law remaining that is meant to keep Native American families intact whenever possible.

The girl was reportedly tearfully removed from her foster home in March 2016. She now resides with her relatives in a state far west of Florida. Such family law situations often evoke strong emotions on both sides. This is why it is typically best to address matters with experienced legal counsel.

Source: kentucky.com, "Foster parents lose appeals fight for American Indian girl", July 8, 2016

No Comments

Leave a comment
Comment Information