Cousin lost custody of her baby because of drugs...?
My cousin had her baby taken away by Social Services shortly after he was born because she tested positive for Methamphatamines. She's already signed away the rights to her last 2 children because she was on drugs and found hanging out in a drug house with them when it was busted (after repeated warnings to stay away from the house by a police officer beforehand). The fathers of those 2 children now have custody. My Aunt (our Aunt) is currently caring for the infant (who is a ward of the State of CA) while my cousin completes drug classes, etc. My Aunt is now trying to adopt the baby (who is 6 months old now). My cousin is doing well in her drug classes and is showing up for her supervised visitations. She is clean at the moment and seems to be making an effort. Does anyone know how the system works in CA? What are the odds of her getting the baby back? What are the odds of my Aunt getting custody? Just curious.
- Anonymous1 decade agoFavorite Answer
Its a tricky situation.....Because many parents who are sued by the state for parental termination, will make efforts to comply with the courts orders to rehabilitate their life, get off the drugs, etc....If your cousin REALLY wants her baby back, she MUST completely change her life and get off the drugs.....Sorry to be cynical, but with her past history, doesn't seem like she will be able to get off the drugs.....The best situation for the baby, at this point, will be for your Aunt to adopt her.....Unless your cousin, does a dramatic REAL change, and gets off the drugs completely and permanently, I don't see her getting back her child.....I have seen, these mothers, comply with all the court orders to get their children back, but as soon as it is over and they get back there children, they go right back to the drugs, at this point they lose their children permanently....The odds are 40/60 at this point, she will get her kids back, taken her history......But realistically, I think the most important thing, is the baby be in a safe, permanent environment, which will very likely with your aunt....BEST OF LUCK....
PS In Texas, the goal used to be, to reunite the familes.....But that law changed, the goal is now to PROTECT the best interests of the child.....If the court terminates parental rights, the mother has NO say where the child should be placed...Source(s): CASA (Court Appointed Special Advocate) Volunteer
- 1 decade ago
Unfortunately, the laws in Ca. are extremely strict. I don't know all of them or even how all works, but the chances of her getting the baby back, especially since the older two children are in custody of their father, are quite slim. If your aunt can provide better care and a permanent home, most likely she will get custody. Your cousin could possibly get the baby back, but obviously should do what she was and has been told and avoid bad areas of neighborhoods and people. She needs to surround herself with clean and healthy type people. Whereas she can very easily stay far from drugs. This way, it would be very possible for her to get her baby back. Good luck to her....
- 1 decade ago
I am not sure of the laws within the state of California, however, within the social service agencies, their goal is suppose to be to reunite families, not tear them apart. Tell your cousin to keep doing what she is doing and working on continuing to get and stay clean and sober. My thoughts are that since she is working the program and her drug screens are coming back clean, this will be obvious to the judge when she goes to court she needs to speak with her drug counselor and see if she can get some support at the hearings, relating to her progress, this would be a plus for her. Good luck to your cousin, I am not sure why the Aunt is pushing so hard to obtain custody, personally, I think that is wrong, give this woman a chance to get back on her feet. Drug addiction is a horrible, horrible and difficult thing to overcome, however, it is possible and she needs the support of her family. Good luck and God bless, I wish your family the best.I am a certified drug and alcohol counselor and former user, I used and was addicted to meth in 1979, it can be done. i have been drug free since 1980, it is a process which can be accomplished. Good luck and God bless*
- Anonymous1 decade ago
Obviously the law is quite complex and you have only provided basic information and I am not to sure on CA law.
But usually courts look at what is in the best interests of the child. In most cases it would be in the childs best interests to remain with their natural parents, however, if there would be a risk to the childs health and safety with the natural parent then the court would consider giving custody to a relative.
I would have thought it would be unlikely for your aunt to be able to adopt the child unless the birth parents agree.
Even if your aunt does get custody then she should also anticipate the birth mother to be given visitation rights.
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- 1 decade ago
It will take some time, about a year before she can try to get back custody of the child... She will be evaluated numerous times, and if she fails a urine analysis any time during that evaluation, she will only prolong her situation... It comes down to one thing, is she really gonna stay off drugs... I am a recovering alcoholic, and go to AA & NA meetings regularly... I have came to one conclusion, The people that stay clean and sober are the ones that have hit rock bottom and really want to regain their lives... Drugs & Alcohol are a deasise and it takes time to control it, but it will never go away...
- stoltenbergLv 44 years ago
you want to get in contact with a specialist to assist handbook you by the approach. no human being on the following is going to be able that can help you you because each and every concern is so diverse. i might want to call an legal specialist who has adventure in custody topics and may with somewhat of luck aspect you contained in the right route.
- Anonymous1 decade ago
She should never get the baby back, in fact she should be steralised and never given any visitation rights at all. Junkies are weak minded people who think of no one but themselves. They dont give a damn for strangers, friends or family and they deserve no sympathy.