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Couple Battling CPS over Adoption Suffers Major Setback

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In an exclusive FOX 26 investigation in February, we told you about Tina and Brian Porter.

The Porters said Children's Protective Services ignored state law when it allowed their great niece's baby to be adopted by foster parents instead of blood relatives.

"I would never in my life believe in this country this kind of behavior would be allowed," Brian Porter said.

The Porters are in the process of adopting their great niece's baby boy and had planned on adopting her baby daughter as well.

The birth mother is mentally disabled and is described by her family as having the mental capacity of a 12-year-old child.

That didn't stop CPS from talking the mother into signing away her parental rights with no attorney present, according to Don Robinowitz, the Porters attorney.

“She definitely has, like I said, mental disabilities that were recognized in CPS's own paperwork and no precautions were taken," Robinowitz said. "Somebody should have made sure that she was competent to make a decision of this magnitude."

The Porters accuse CPS of stringing them along for months making them think they would be adopting the baby girl.

Then last December, according to the Porters, CPS called them to tell them in 24 hours the baby would be adopted by her foster parents.

"Unbelievable," Tina Porter said. "I still can't believe it how this could be allowed to happen."

The Porters filed suit in hopes of undoing the adoption.

In a recent court hearing, the judge pointed out that no matter how he ruled, hearts would be broken.

Even though they had several supporters with them wearing bright yellow T-shirts, it was the Porters who ended up emotionally crushed.

"To me, it wasn't a fair ruling," Tina Porter said.

The judge ruled against the Porters saying they had no legal standing to try to reverse the baby girl's adoption by her foster parents.

"It's a very hard hit, especially from an emotional standpoint and a financial stand point," Robinowitz said.

“We're ready to see her come home and every time we come up here it lasts even longer," Brian Porter said. "Enough is enough."

The Porters saga as well as this family's story prompted dozens and dozens of viewers to contact FOX 26 Investigates. Those viewers claim what happened to those families happened to them too:

CPS allowed foster parents to adopt children without considering family members first.

"That's my biggest problem with this whole thing," Tina Porter said. "There are dozens of families being ripped apart constantly."

"They feel like they're being forced to back down their afraid of fighting CPS," Tina said.

The Porters aren't afraid to fight CPS. They plan to appeal the judge's ruling.

"We're not going to stop. We're going to keep fighting no matter what," Tina Porter said.

While the Porters are financially able to fight CPS, they realize many families can't, so they don't even try.

"People are scared they lose their family members, it's not right," Tina Porter said. "Something should be done to stop this."

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