Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.
Depending on where you are and the extent of contact the father had with the children while you have been the foster parent will determine whether you can establish a permanent relationship. Courts are loathe to completely destroy the biological family relationship unless clear and convincing evidence is presented that this must be done for the best interest of the children.
A judge can continue to allow the current placement or award you a temporary guardianship if the father is not in a position to where he can care for the children. Temporary is kind of a misnomer because some temporary guardianships last for many years. Temporary really means that if father cleans up his act he can petition to get the children back.
A court could award you permanent guardianship. Permanent mean just that permanent. The longer father does not stay in contact with his children the greater the possibility of getting a permanent guardianship.
A court could also terminate the parental rights of the father. In this case as the foster parent you could petition the court for an adoption as father no longer has any rights with respect to the children.
You need to understand that in order for biological parent to lose the ability to get the children he must be proven unfit. or a court must terminate his parental rights. You have stated facts that might lead a judge to make a finding of unfitness, and along with that sever the father -child relationship..
BotXXXXX XXXXXne if what you have stated is true and provable
1) you have an excellent chance of a temporary guardianship,
2) if father has also failed to maintain contact or have a relationship with the children you have a good chance of getting a permanent guardianship, and
3) you have a chance of having father's parental rights terminated
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