A father with a child placed in foster care is not without rights. A child typically ends up in foster care upon a confirmation of an allegation of abuse or neglect, according to the American Bar Association Section of Family Law. The ultimate goal in most cases involving an allegation of abuse or neglect of a child is to reintegrate at least one parent back into the life of the minor as the custodial caretaker.
Considerations
A father seeking custody of his child placed in a foster care program stands before the court in one of two different positions, according to FindLaw. First, he may be divorced or separated from the mother, not residing with the child at the time of the abuse or neglect allegation--and therefore, deemed not a part of this misconduct. Alternatively, the father may have resided with the child at the time of the allegation of abuse or neglect.
Standard
In considering a father's attempt to win custody of his child and removal of the minor from foster care, the court focuses on what is in the best interests of the child. In this type of situation, the primary consideration of the court is on whether the father was associated in some manner with the allegation of abuse or neglect.
Reintegration Process
If the father was in some way associated with the alleged abuse or neglect, before he qualifies for custody he must complete a court-created reintegration plan. The laws in all states demonstrate a preference for attempting to reunite families, unless the facts clearly demonstrate a reunification never will be in the best interests of the child. The reintegration process calls for the father to undertake certain tasks and meet certain requirements before seeking custody of the child. These might include parenting programs, therapy, or similar types of activities.
Misconceptions
A variety of misconceptions exist regarding a father seeking custody of his child placed in foster care. The most common misconception is that if the court determines that a father was associated with the abuse or neglect of his child, he rarely regains custody. Provided a father follows the dictates of the court in a reintegration plan, and if the evidence indicates that a child's best interests are not at risk by granting custody to the father, reunification can occur.
Expert Assistance
A father desiring to obtain custody of his child in a foster care placement faces a complicated legal process. Depending on the circumstances, the court may appoint an attorney to represent the father's interests. If an attorney is not appointed, however, and a father desires to seek custody, retaining an attorney is a wise decision in most cases. The American Bar Association provides resources to assist a father in this type of situation find legal representation.
