Custody Laws and Info concerning child endangerment *VERY IMPORTANT*?

have a friend whose baby's father has visitation rights every other weekend and once during the week. The baby's father smokes weed and when he brought the baby home he was visibly under the influence of weed. The baby smelled like Weed and Lysol and was acting strange. Took him to the hospital and they refused to test him for any kind of drug interaction. She has to send him back to his dad's next weekend and she does not want to because of the dangerous situation (ie: the baby smelling like weed & Lysol, acting strange, and the father DRIVING with the baby in the car while under the influence of Weed) but she does not know how to legally keep the father from getting the baby because she has not actual Evidence other then what she experienced! any info would be VERY appreciated. This is a very serious situation and we are looking for any Information we can get. are there websites with the info? or free numbers you can call to get legal advice?

Update:

Our state is Pennsylvania... and just wanted to add that my friend did call the police and they said that without propper evidance there was nothing they could do about it

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  • 1 decade ago
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    I think she should call the police next time. Police are trained to recognize the scent of marijuana. If they detect it, they will take the appropriate action agains the baby daddy.

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  • 1 decade ago

    Many websites. What state?

    Who took the child to the hospital? They should not have refused if it was the mother. You may have to get a court order to have the child drug tested. You being a friend should be able to write an affidavit saying that you believe the father has been under the influence around the child. That should be enough for a court order.

    The police should also be grateful to help. If the father drops the child off, and you recognize the signs, call the police immediately and report him as driving under the influence.

    If you drop the child off and you think he's under the influence, you can call them and ask for what I believe is called a 'well child' visit. It's either the police or child services that performs this.

    [more info]

    Child services says that there is really nothing that can be done to prevent the visit this weekend. They recommend contacting the Children and Youth service for your county to report what is going on. They will "investigate"...

    The best course in my mind is to report him as a driver under the influence to the police. Beyond that, you're gonna have to go back to court to get this sorted. A protection order barring him from the child might be the quickest way to an intervention.

    Children and Youth:

    http://www.dpw.state.pa.us/PartnersProviders/Child...

    Child Services:

    http://www.dpw.state.pa.us/ServicesPRograms/ChildW...

    Legal advice:

    http://www.docstoc.com/docs/2533723/free-family-la...

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  • Anonymous
    1 decade ago

    Legal documentation is the best avenue. You need to call cops right then and there, have them on speed dial, whatever, when he picks up or drops off child and you have that suspicion. Make sure thou, cops or courts dont take kindly to false reports. Child services will be called by cops if he is arrested, then you have recourse for a protective order. Go see your countys attorney if you cant afford a lawyer. If you get him busted you can have a better chance in court, Good Luck

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  • 1 decade ago

    She may need to go back to court and have a stipulation put in their custody order. If she has a good attorney perhaps there can be a clause that states that random drug tests are in order. If he fails the drug test then maybe he could get supervised visits until he pulls his head out of his butt. This is so sad and I agree with you. It is a very serious situation.

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  • Anonymous
    1 decade ago

    In Dallas recently two women had their children taken away for smoking marijuana in front of the children. The kids were drug tested and placed in foster care. I agree with Happy. The mom should have called the cops last time. Try calling CPS for advice.

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