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First of all, thank you for the invaluable support and information shared here. This is my first post, but I've been a reader for a long time.
We have had FB for about 6 weeks. We decided to take him because the case workers and agency were looking for a forever home and since our goal was to adopt and we instantly connected with FB we opened our home. The state and agency both pretty much promised severance was going to happen in the next few months. The hearing is currently scheduled for next month.
Back story, FB has two little siblings that are in individual forever homes and have been for over a year. He was in his last foster home for about a year, but they were not able to adopt. Due to behavioral issues, it was determined that separation was best for the siblings. The were originally removed due to drug use and neglect.
Bio mom has had no part of the process and her rights have already been severed. Bio Dad is still fighting for reunification and was told a few weeks ago that the case plan had been changed to severance. Since then he has been playing by the rules. But with only a month before the hearing, I'm hoping his recent interest isn't enough to draw this out further. We're already in love with our little boy and I want nothing more than to raise him to live up to his full potential. Which it is apparent bio dad will not be able to do.
How likely is the court to rule in his favor if the state and therapist have all agreed severance is the best route?
Any insight would be great, thanks!!
Last update on December 8, 3:17 pm by Mike Teel.
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First of all, let me preface by saying, no one knows what the judge is going to decide. It depends on the judge and what history he brings to the bench.
However, all the being said, if the State is pushing for termination, it is unlikely the judge will argue. Most judges know that the caseworker for the State, and the GAL, know more about the case than he/she does just by looking at the notes. A last minute fall back into line doesn't usually sway the judge. It could happen that they give him an extension, but that seems unlikely. Here, he would have to present some pretty convincing evidence that his earlier failure in the plan was through no fault of his own.