Can foster parents take your birth child out-of-state without your consent?

UPDATED: Dec 29, 2010

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Can foster parents take your birth child out-of-state without your consent?

The foster family that has custody of my daughter informed me they were going to take her out-of-state for anywhere from 1 to 3 weeks, so that they can take their son to a hospital for experimental treatment. I do not want her going out of state for that long, especially to be in a hospital with lots of sick people. I informed my caseworker that I do not want her going and she told me if I refused to sign the voucher to allow them to take her, that the judge or my daughter’s attorney would just sign for me. Is that legal? Especially after I have told them no?

Asked on December 29, 2010 under Family Law, Missouri


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You are the birth parent but your child is in the foster care system.  Unfortunately what you want is really not going to be of primary concern to the state because the foster parents have sole legal custody at this point.  If the foster parents wish to do what is best for their other child, your child (in their care) really has no choice.  If the state believed this was an abusive situation, your child would simply be sent to another foster parent if one is available.  I understand your concern but until that child is back in your legal custody, your rights have really been suspended.

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