Particularly in the US.
2007-02-01 06:01:48 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Eric... no seas mamon (don't be an idiot!) I am not and have never been pregnant. I have also never used a drug. If you can't recognise a hypothetical question, don't bother answering.
2007-02-01 08:35:52 · update #1
Because child custody is a "civil" and not "criminal" issue the judge would not normally consider jail, although he COULD!
What the judge WOULD do, however, is obtain ALL the information concerning BOTH parents by ordering an attorney to the case that would represent the child only!
If it's learned that one parent is better than the other...the judge would seriously consider child placement at that time!
Best wishes!
2007-02-01 06:08:46 · answer #1 · answered by KC V ™ 7 · 0⤊ 0⤋
Didn't have to read the whole thing because the question you did ask tells the whole story. You need to get back to court and petition the judge regarding visitation. Make sure you leave no stone unturned. If you feel the father will abuse you/and or your child you're also going to need a restraining order so the father can't come with in 20 feet of you or your child. If you have any papers that say he has been arrested for drugs and or abuse take all paper work to court with you. Get some legal advice from legal aid if they work on child protection. They can give you info that you need. Remember you must also protect your self from this looser. Petition the courts to have supervised visitation if the father really insists on visitation. With him, visitation may get old pretty quickly. By supervised visitation...this would be away from your home with someone from social services or some such other qualified agency. You could also petition for full custody which I think would be the better bet. You can worry about support, if needed, when the subject comes up, which it will.
2016-03-29 00:05:22 · answer #2 · answered by ? 4 · 0⤊ 0⤋
You know all I ever see is that there will be criminal charges and baby taken, blah blah blah. My 4 nieces and nephews were all born drug addicted and all born at 4 different hospitals, and with 3 of them NOTHING HAPPENED. With the last one, they did have a CPS worker come and check up on him every so often for 3 months and even that social worker didn't do a good job at taking care of the situation. If the father is trying to take custody and the baby is born drug addicted, odds are he could get temporary full custody.
2007-02-01 06:15:24 · answer #3 · answered by MNBound 3 · 0⤊ 0⤋
It depends on the state's laws and the county. It also depends on what steps the mother is willing to take to correct the drug addiction. It depends on a number of things, including the hospital and caseworkers on how proactive they are enforcing such laws. But yes the mother CAN face criminal charges and temporary loss of custody until the state deems her fit. Custody typically goes to family if the family is found competent by a judge in family court. If the family has to be investigated for any reason the child is placed in temporary foster care until the judge and guardian-ad-litem come to a decision.
2007-02-01 06:12:02 · answer #4 · answered by Rebecca Wagner 1 · 0⤊ 0⤋
Generally, if a child tests positive for drugs at the time of birth, the hopsital staff will notify Children's Protective Services(or whatever name your state's agency goes by.). They will likely do an emergency removal, the state will take temp custody of the child, and the mother will be required to go through different services, classes, and other things to have her child returned.
The state will take temp custody, but will look for appropriate family to place the child with. If there is no appropriate family, then foster care will be used.
2007-02-01 06:19:01 · answer #5 · answered by ? 5 · 1⤊ 0⤋
The baby is put in custody of child protective services immediately. The mother is usually placed in rehab and yes, can face serious charges. If she gets clean for long enough, she can get the baby back eventually, but it can take up to a year.
2007-02-01 06:09:37 · answer #6 · answered by WiserAngel 6 · 1⤊ 0⤋
CPS get custody unless the courts award a member of the infants family custody. Yes the mother will be charged and jailed.
2007-02-01 06:17:03 · answer #7 · answered by Becky 4 · 1⤊ 0⤋
No, I think they require that the mother go through rehab and the child must stay at the hospital until he/she is out of danger. I don't believe they file any charges against the mother, although there may be a question as to whether she is fit enough to take custody of her baby.
2007-02-01 06:08:09 · answer #8 · answered by chole_24 5 · 0⤊ 1⤋
That really depends on whether or not the father is involved and if he's a loser too.
If both parents are losers or dad isn't present (loser)- then it would preferably go to another relative- grandma, grandpa, uncle, aunt, etc.
If not, it would go into the social system for a while at least.
A mother can face criminal charges of abuse...
2007-02-01 06:22:34 · answer #9 · answered by Anonymous · 0⤊ 0⤋
The baby usually is taken into the care of the state. And yes she can be charged with child neglect or endangerment. As well as she should be...the baby didn't ask to be born and the Mother should have taken that into consideration before becoming pregnant.
2007-02-01 06:10:50 · answer #10 · answered by shorty 6 · 2⤊ 0⤋