The mother is a known meth user. Is in a home for mothers on meth ,but is always breaking the rules.This has gone to court 2 times sents Jan. but the judge keeps letting her keep him in the home with her. My son has done drug tests orderd by the courts and has passed all of them. She is do to get out of this home soon to go back to a roommate who is a user. Please help.
2007-05-02 07:32:23 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If your son has been to court twice; he needs a better lawyer...We had a bad lawyer and it cost my husband thousands of dollars, a new lawyer, and 2 years to get custody of his son.
My suggestion is an emergency intervention. If the mother is currently in a home for meth users, you will need a lawyer to go before the court and request the judge to grant him an emergency custody order.
If that doesn't work when your son has physical custody of the child, he can file an exparte (protection) order against the mother on behalf of the minor child, and if he wins, he will be granted automatic custody of the child for the period of the order, usually one year. I personally don't like this option, but if she is a drug user, the child's safety comes first.
Once that is done, your son will have to file for custody, as my husband found out, that if you were not married when you had the child no one has custody of the child until you file for it.
He may only get joint custody; but he will be granted the primary custodial parent, and she will end up being the non-custodial parent with only every other weekend, every other holiday, and 6 weeks in the summer visitation.
2007-05-02 08:23:26 · answer #1 · answered by Danielle M 2 · 0⤊ 0⤋
I agree go to court for custody but the process takes a while. In the interim..so the DCFS help line they will guide you to file a report against the mother as well get you the legal immediate asistance you need IE a restraining order due to child's safety and living environment...DCFS can be overwhelmed on the phone so be patient until you get the help you need that is why they are there
2007-05-02 07:43:08 · answer #2 · answered by chitown 2 · 0⤊ 0⤋
If you already have a lawyer, get a better one. Then sue for custody on grounds that she is an unfit mother. Try to file the charges before she gets out or rehab.
Good Luck.
2007-05-02 07:41:23 · answer #3 · answered by Doc Hudson 7 · 0⤊ 0⤋
Get a lawyer and sue the mother for custody.
2007-05-02 07:36:48 · answer #4 · answered by Melanie J 5 · 0⤊ 0⤋