When a mother or father has to give a child up in Tennessee, it can be tough. But if a court can find the father or mother incapable of being a parent for any reason at all, they may have their parental rights terminated.

In some circumstances, this may mean that the child will end up living with a family member, but that is only if a relative is willing to take care of the child. In cases that have no relatives willing to take the child, foster care is usually the only option.

For one child, this meant being taken away from his mother by the courts and not being able to go with the woman's father because of the man's criminal history. Child services asked if there were any other relatives that might be willing to be the toddler's caregiver, but both said there were not. Recently, after about two years of bonding with his foster family, the child's grandfather reported a relative that would be willing to take the child.

The 69-year-old woman -- the child's great-great-aunt -- had never met the child or his two twin sisters. But since she was willing to take them, child services considered giving her custody. After the court proceedings ended, the foster family had managed to keep the young boy with them. They were unsure of their actions, but happy they could continue caring for the boy.

Members of the boy's family, including his mother, were not content with the decision. Despite this, the foster family wants to keep a relationship between the boy and his family. The boy's mother has been over to see him at least twice since the custody verdict was made.

The case above could happen to any mother or father, but they do have rights that the court must respect. Consulting with a family law attorney could be a good first step in fighting to maintain custody of your children.

Source: Tampa Bay Times, "Is a child always better off with relatives, even after bonding with a foster family?," Leonora LaPeter Anton, Dec. 27, 2010