[TallulahGA]

A child has been in foster care for 2 years of his 2 1/2 year life. Termination of the mother is very soon but suddenly dad showed up from another state. Never seen the child or had any interest (still has not made an effort to see the child). Anyone had any similarities and if so, what was the outcome?

[ranoutofnames]

Usually Dad fades from the picture, but not until several more months are spent trying to get him to become a parent to the child (unless he voluntarily relinquishes)... at least this is my experience

[TallulahGA]

He says he wants the child and will do whatever it takes, etc. etc..........
The foster mother wants to adopt this child very badly. What steps will have to be taken by the dad to get the child being he has never even seen him?
Will he have to undergo background checks, employment verification, home inspection and things such as that?
What about back child support?
Would a Judge hand this child over to a complete stranger in another state even if he is the biological father?

[Kat-L]

Originally Posted by TallulahGA

A child has been in foster care for 2 years of his 2 1/2 year life. Termination of the mother is very soon but suddenly dad showed up from another state. Never seen the child or had any interest (still has not made an effort to see the child). Anyone had any similarities and if so, what was the outcome?

My foster son has never seen his dad (other than the day he was born). When the baby was removed, Dad didn't show up for court. When they had a second hearing, Dad showed up and the parents threw all kinds of allegations at one another. Dad said he wanted to see "his son" and then never even showed up for the visit. Later, when CPS told him he had to pay child support, he told them he was moving to Canada. I hope he stays in "Canada" or wherever the heck he is. Per my caseworker, if he shows up within one year, they'll give him a caseplan. Otherwise, they would TPR on abandonment.

[TallulahGA]

He says he wants the child and will do whatever it takes, etc. etc.....
The foster mother wants to adopt this child very badly. What steps will have to be taken by the dad to get the child being he has never seen him?
Will he have to undergo background checks, employment verification, home inspection and things such as that?
What about back child support?
Would a Judge hand this child over to a complete stranger in another state even if he is the biological father?

[TallulahGA]

Will they still go ahead with the termination of the mother?

[Kat-L]

I was told with "Brandon" that they would TPR both parents at the same time next fall. I don't think they'd do one without the other. Because, if one parent gets custody, the other can't collect child support if TPR is done.

[TallulahGA]

The mother still shows for occasional vists, (once since Christmas) and very seldom does she pass the required drug test that enables her to visit.
The termination hearring is this month and it has been ran in both newspapers of the biological parents and both have been served the proper paperwork.
I just didn't want us to go into that hearring unprepared and have the Judge remove the child and give him to the father that very day........
Do you think there's any chance of that occurring?

[Kat-L]

Originally Posted by TallulahGA

I just didn't want us to go into that hearring unprepared and have the Judge remove the child and give him to the father that very day........
Do you think there's any chance of that occurring?

No. The worst thing that could happen is the judge could order the father to be given a caseplan for reunion-which could drag things out for another 6 months.

HOWEVER, if this dad knew about this child, (and it sounds like he did) and they've already scheduled a TPR hearing, it falls under the "too little, too late" category for 99% of judges. More than likely they'll just go ahead and TPR both parents. Expect the dad to say he'll appeal-but count on him not following through with an appeal when he finds out he needs to hire his own lawyer. Heck, if he's in another state, he might not even bother showing up for court.

Don't worry about the "I'll do whatever it takes" speeches. If he was going to do "Whatever it takes", he'd be parenting his child by now. He had two years to do "whatever it takes". He did nothing. The judge isn't going to let that slide. And the judge isn't going to want the baby to remain in foster care another two years, either, while the father does "whatever it takes".

And finally, the federal SAFE FAMILIES ACT, requires the baby to be in a permanent home if he has been in foster care for 15 months or more of the previous 22 months. Since he's been in care for more than 15 months in the past twenty months AND the judge cannot order his return home, the only option at this point is adoption. Even if the judge wanted to give the father time, it's too late under the Safe Families Act. Two years has already gone by.

[TallulahGA]

Right now he has a court appointed attorney so it's no money out of his pocket. Would he have to undergo any check on his criminal history or drug testing because he does have a history of both. Would this open the door to any of his family members?He has known about the child since pregnancy but always refused paternity test until January this year. Child was taken from his mother at 4 months old and is now 2 1/2 years old.

[Kat-L]

Originally Posted by TallulahGA

Right now he has a court appointed attorney so it's no money out of his pocket. Would he have to undergo any check on his criminal history or drug testing because he does have a history of both. Would this open the door to any of his family members?He has known about the child since pregnancy but always refused paternity test until January this year. Child was taken from his mother at 4 months old and is now 2 1/2 years old.

IF they decide to give him a caseplan and he has a history of drug use, being clean and passing drug tests would be part of his case plan. However, having a criminal past doesn't matter (unless it was abuse of a child). It might open the door to other relatives. BUT, if you have had the child for 2 years, then you have the same standing as a relative now. You can request (or ask the child's attorney to request) a bonding assessment. If an expert says you and the child are bonded, and the fact that he's lived with you for two years, might make the difference for you. If you can afford a lawyer, you can also request intervenor status -which makes you a party to the case. I would definately recommend talking to the child's attorney to see how he/she feels about you doing this. And ask what he/she will be recommending to the court. I would then call the CW and ask how she feels about it as well. It sounds like they are going forward with TPR so they must not be worried about the Dad.

I know you're really, really worried. Fortunately, 99% of the things we really worry about never come true. Easy for me to say, I know. I'm not the one facing this hearing. But I have a really good feeling that things will work out okay for you. Be strong. Things always work out in the end. If things aren't working out right now, it's because it's not the end. You'll be okay. Everything is going to work out. The rollercoaster ride of adoption can be thrilling one moment and absolutely sickening the next moment. But at the end, you'll be glad you chose to ride. Most people look at the rollercoaster and say "I wish I had the nerve to ride that thing". You were strong enough to hop on. And you're strong enough to make it to the end, too.

BTW: Once TPR happens, biodad doesn't get a court appointed attorney any longer. And the cost of an appeal (which is almost always denied) is VERY costly. Chances are, he'll drop it.

[stevenstwin]

Originally Posted by TallulahGA

Right now he has a court appointed attorney so it's no money out of his pocket. Would he have to undergo any check on his criminal history or drug testing because he does have a history of both. Would this open the door to any of his family members?He has known about the child since pregnancy but always refused paternity test until January this year. Child was taken from his mother at 4 months old and is now 2 1/2 years old.

Where I live, f the father is deemed fit to parent, YES he will get the child. He doesn't even have to prove that he is fit - it would be up to the state to prove that he is not. No need for a homestudy or anything like that - as the biological parent he has the absolute right to parent his child, as long as he is able to do so. It doesn't matter in the eyes of the state that he's never met the child or not been a part of the child's life - he IS the father. And yes- they could hand the child over that same day in that case. Now, the laws may be differnet where you are, and if this guy does have some "history" that might eliminate them - but do be aware that the system is extremely geared toward bio-relative placement whenever possible. I'm afraid that yes, it could also open the door to other relative placements - but that could happen with or without dad showing any interest.

[TallulahGA]

Where are you from?

[Kat-L]

Originally Posted by TallulahGA

Where are you from?

Stevenstwin is in Canada. I'm in the US. Where I live (Maryland), the courts won't send a baby anywhere without first checking that the environment is safe and the parent can take care of the child. Regardless of how the child comes IN to care, once in care, they don't release the child unless they know the child would be safe. So, IF a case came up where a child's father in a neighboring state found out he was the father of a child in my state, the court would order CPS (or the father's local CPS) to go to the home and make sure everything was okay. If bio family members (such as bio mom ) state that the father had a history of drug abuse or violence, these issues would be addressed BEFORE the child was sent to live with the father. It wouldn't be the same day as the court hearing. Bio parents aren't held to the same standards as foster parents but they DO have to provide a safe home. And, in your case, the judge will consider the company that the father keeps. He was in an intimate relationship with a drug addict who can't get (or stay) clean. The judge will obviously want to make sure that the father is not a fellow addict.

[xxsurroundedbyxy]

Tallulah~
Kat-L is correct. This man would have to have a homestudy done and be deemed fit to raise a child. Your history with this child will weigh ALOT in the courtroom. I don't think you really have much to worry about. Keep us posted.

Kim