I want to know what the chance are my niece can get her children back if the court has given my husband and myself full and phyical custody we have had them a year now .

How hard is she trying? Is she just talking about wanting them back? Is she taking you to court? Doing the things they tell her she needs to do to satisfy getting them back?

The Dept. of Social Services gave us full and physical custody in July of last year because they had removed the children after they had been on her case for a year and she had stopped her treatment plan at the place they sent her and went to a plan at the methadon clinic. She now has a 20 hour a week job and has just in rolled in parent classes.

It depends on the terms of the custody. If she was given a list of things she has to do to get the children back, its possible. You need to talk to the caseworker about this.

There are many other factors like the age of the children.

But taken children away from a parent is a fairly drastic step. So she will have to really prove she is capable before they will return the children

The children are now 3 and 5 her and the father both have other children of which they do not have custody of one of the fathers children has already be adopted. We where told we could adopt both of the children after we were given custody for 6 months. Both parents have to complete the approved drug treatment and get a suitable home free of bugs and rats. They are not both working in the legal way the father worksn under the table so he doesn't pay his child support I also know they are still using some drugs other than what they get at the clinic

So the State gave you custody and said the road is clear for you to adopt the children?

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Originally Posted by renedavid2000

We where told we could adopt both of the children after we were given custody for 6 months.

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So have you applied for adoption? If so, what happened with that.

As for what you know, its not what you know but what you can prove. I'm suspect they are undergoing drug testing or will have to before they can even think about getting the children back.

Since its been already a year and it doesn't sound like they have meet or are even working on satisfying the courts terms you have a good chance. The longer they take getting it together the more the court looks at it like they aren't really trying and it's a bad reflection on them.