Legal Question in Family Law in California
Father's right to estranged children in foster care
Hi,
I'm writing on behalf of my employee, father of 3 children in foster care. He is an unedudated, low income, Mexican male, all factors that leave him at a disadvantage. He lives in Alameda County, but his children are in Tulare County. We are seeking legal assistance in Tulare or any guidance you can provide in this matter.
Four years ago, the mother of his children fled Mexico (they are U.S. citizens and/or permanent residents) and hid their whereabouts since that time. The children were placed in foster care after a shooting incident that occurred while in the mother's care about 4 months ago.
My employee was given reunification services, but has received just one half hour to visit with his kids in the last 4 months. The mother admitted to being present when the social worker asked the kids if they wanted to visit with their father. With their mother looking on, they of course said ''no''.
My employee has also been asked to complete a series of drug, violence and parenting classes, although there is no evidence this is necessary.
The court and social services have ignored the fact that my employee was not willfully absent, but a father in search of his children for 4 years.
Please help. Thanks.
2 Answers from Attorneys
Re: Father's right to estranged children in foster care
It appears you don't have the entire story, which is not unusual under the circumstances. Court's don't arbitrarily ask people to attend drug, violence and parenting classes. I think it's time for your employee to come correct with the real problem. The key to prevailing is to solve the underlying problem. If he continues to deny the problem, he'll have little if any contact with his kids.
Re: Father's right to estranged children in foster care
Father should receive reports from the department of social services. These reports should state the facts that support the services that he has been requested to take as a part of the service plan. He should take these documents to an attorney for a review.
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