JMO, the court will take the biological father into consideration. He will have first right to the child, if the court terminates JCs rights.
The Judge will review and investigate the biological father, if he is fit then he could potentially take his child and go home. If the Judge rules he does not meet the requirements to be a parent, then they can either:
- Place the child in the custody of CPS, who will provide foster care or temporary custody to an approved family member.
- If he is really bad, then CPS can start the process, thru the court to terminate his rights.
- Put the father a program (much like JC) with monitoring and give him Custody.
We are a government ruled by the laws of state and federal government. Child abuse laws are primarily enacted by state legislature.
JMO, Illinois law for child abuse is very lenien. They do everything possible to keep kids with the parents, AJ is a prime example why these laws are not in the best interest of the child.
Remember the court nor Judge can remove child unless they have violated state laws. Check for link at front of thread, the laws are posted by state. It does not consider a dirty house or drug abusive parents as a reason to remove children. It clearly defines the extent Illinois will go thru to keep children with parents.
That's why we are here today, because JC stayed just above the law.