If the DNA test shows he's the father, can a man with a recent record of family abuse get to take him home?

Question

I'm a foster mom and the mom terminated her rights, but the court summonsed a possible 'father' to take a DNA test and he says if the baby is his, he wants to raise him. We accidentally found out his name and looked him up in the public court records and found that in 2007 he was arrested and is STILL on probation for family abuse. If he has this record, can the state still give him custody of our foster baby? We want to adopt our little guy we're caring for. ANY suggestions will help!

Answer 1

This exact situation took place with  my children while they were still in Foster Care....

The State will have to go through the "Relative" Search process and the relative Home Study.... EVEN for a Biological parent who has not had custody... and they will have to lool for any Relatives of the parents who might want the child and be able to pass the Relative Home Study (which has lower requirements than an unrealted placement)

When the child's Case Plan goes from Foster placement to "Permancy Planning" the state MUST conduct a Relative Search... The Judge in some states will NOT TPR without this being done...

It May add about 6 months to the timeline before you will know if you will be the first placement decision...

This is the Hard part for Foster To Adopt Families... While you care for this child and love him you suffer the nearly 2 year wait to find out--where the families who are Pre-Adopt will suffer those 2 years before meeting the child....

Answer 2

He will have to petition to adopt, and the assigned judge may:  order him to pay child support to the state, order a homestudy on him, have him pay for the DNA test, and have him attend supervised visitation before a decision is made.  Or, may return the child to him without much hoopla at all, after he has established himself as the bio father..  I have seen this go both ways, unfortunately,

I would say, continue to give this little guy the security and love you are giving him, and pray that the right decision will be made.  But be prepared for anything.  Including this taking a year or more.  You will make a permanent imprint on this child's life either way.

Do make sure that the state has the info on his record, but stay out of it if you can, so they don't view you as meddlesome (I know).  

The best of luck to you and this little boy.

Answer 3

I think more then likely... DHS might take the child and have the father take classes before he gets to take his child home if it is his.. I have been in the system for almost five years so this is what I think will more then likely happen..

Answer 4

You have your social worker check on him. I don't think he can get custody but not until he is off probation and takes some family courses on anger management. Good Luck

Answer 5

If he is proven to be the child's bio-father, then he should have the baby. "Family abuse" can be anything from a shove during a fight to a blown out physical assault.  And just because he did this once in his past does not mean that he would do it again or that he would hurt the child. It is something that DHS needs to look into closely and they will probably monitor the situation,

The main goal of foster care is to preserve the family. If this man is the child's father then he should be allowed to raise the child. One stupid mistake does not mean you should ruin a family.

Answer 6

They may not allow him because of his record but many courts do want family. They may see if any of his family is suitabel for caring for the child.

Answer 7

If you have a personal lawyer or secretary ask him or her if he could help you out, or go to courthouse and ask the question and im sure they could help you a lot with that.

Answer 8

Yes he can as long as he did not hurt the child but, you can fit it if you want to keep the baby. Dont tell him you know the information you know so you can drop it on him in court.

Answer 9

CPS's goal is to reunite families whenever possible. If this guy cleans up his act, there is a very strong likelihood that he will get the baby if he is actually the father. Get your ducks in a row and talk to your social worker about this situation. Does s/he (social worker) know that you want to adopt this child? The longer he is in your care (meaning the longer the father isn't "fit" to care for his own child), the better your chances.

Email me if you would like to discuss this further. I adopted my son from foster care in CA and we had a somewhat similar situation.

Answer 10

I would bring this to someones attention because you don't want a child going home with some who could possibly hurt them and I honestly don't believe that a judge would give a child to someone with that kind of history I am sure because I was in foster care for 16 years and they would give me to my mother because she had a bad  background I know you might think it wrong to rid this man rights of being a father but you have to think of the best interest of the child and from what you have said it not going with his father so i would let someone know what you know cause in the end the only one suffering is the child.. Good Luck

Answer 11

This is a question only the kids social worker can answer for you.  If he wasnt brought up on any child abuse charges, then he might get custody of his kid if it is his.

Answer 12

for a start where are you

all law is differnt but unless you're not in a 1st world country the law always protects the child. I'm sorry to say you're second, but you probably dont mind that. Are you inj danger?!

Please let us know, never let it get that far. Remember your child!

Answer 13

The court is primarily suppose to view how he treated the child. Also, You will find it hard to adopt if he wants the child. You will have a very slim possibility of adoption if a natural parent wants the child.

The mother's termination of rights should make getting custody much easier for the father.