How Is Custody Determined When Social Services Takes the Kids?
Question by serena_dee: How is custody determined when social services takes the kids?
A woman I know of is most likely going to lose her kids due to abuse. Kentucky social services is talking about giving “indefinate” custody to one of the kids’ (divorced) grandparents or other relatives like an aunt or uncle.
How will they determine who will get the children? Living conditions, location (as in how close to the mother), financial stability, etc? Can an unmarried, heterosexual, financially stable couple ask for custody? How much will small-town politics help someone who doesn’t deserve the kids gain custody? If custody is granted to someone and they move in with the mother, will social services re-take the kids?
**Anything** you can tell me related to the above would be appreciated, especially if you can provide links.
Best answer:
Answer by BR
The social services folks try to keep the children in the family, if practical. They look to the best interests of the children first.
Ultimately, a family court judge will make the decision.
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The best interests doctrine will always come into play.
Before the custodial rights can be permanently terminated, the courts have to get involved. At that time, the judge, in conjunction with Protective Services, will evaluate the parents — and determine if, in fact, abuse did occur. . . what type and how severe that abuse was . . . as well as who the perpetrator was.
They’ll determine which of the parents (if either) are more apropriate to care for the children — mentally, physically, financially.
If the parents live together, or are both abusive (or provide an inhospitable environment — such as alcholics, drug abusers . . . ) the court can look outside the parents to grandparents, adult siblings, aunts/uncles. . .
If nobody there, is available and appropriate, the courts will look to foster care . . .
at any rate — the first transition is usually temporary — pending a change by the parents (completion of drug rehab with so many months clean . . . completion of anger management and parenting courses with continued therapy . . . ).