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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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My question is that im a fosterparent who has 2 children whom

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My question is that im a fosterparent who has 2 children whom actually was living with me prior their mother is no where to be found. I would like to take custody of children but their father wants to also the father has no home and works he also has alot of police records from abuse to property damage from my understanding can he still get them or do i have a chance . I have had these children from young age off and on they also was in my foster custody prior also..

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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