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Category: Family Law
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Experience:  30 years as a family law lawyer .
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We live in Missouri and I need advice on our guardianship case

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We live in Missouri and I need advice on our guardianship case - we have had two little girls in our home since august 2008 and their little sister since Feb - as she wasn't born until the end of Jan this year. We have full guardianship of all three girls- but now that the mom and dad have lost their state aid they have decided to "get off drugs" and get their kids back. Neither one can hold down a steady job and they are "nuts" when it comes to parenting! They are also very violent towards one another and have 2 pending abuse charges against them. Our attorney had said in four more months we could petition for adoption of the older two but I am scared now that the bio mom and dad will get them back and then go right back into drugs - my question is: What all would the parents have to do in order to get them back and would a judge consider letting us adopt the girls or where do we go from here to ensure that they are fully protected and advocated for?
Thanks for your question. My suggestion here is to keep doing what you are doing. The longer they are in your possession the better the termination and adoption case. You may try to file against them here for child support if they aren't paying.

This might help too both financially and termination. If you get support maybe you let this rock along awhile. They may get convictions which virtually assures that they can't get the kids back here. Always insist on hair follicle testing if they try for return of children.

They may have trouble here passing in the matter. I wish you the best because I know that you care for these kids deeply and are acting in their best interest. Good luck here



 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.



Customer: replied 7 years ago.

Even if their charges are only misdemeanors? See, the middle child had a skull fracture and we have documentation that the little baby experienced drug withdrawl and also had an injury inflicted on her by one of her parents while she was still in the hospital. Also what would you say is the likelihood of a 30-day drug rehab program working for addicts using meth, cocaine, marijuana, haroin, oxycodine, and lsd? I have been told they would need at least a 90-day program by a toxicologist is that true? Lastly, thank you so much for your help the hair folicle is a great idea - do you know how long the drugs can be detected in there and do you think we would have a decent chance at termination and adoption in a few months?

The hair follicle testing is 90 days. I worked for social services and we always insist on this here. They have virtually no chance of rehabbing her. Meth is one of the hardest to kick. It fries your mind.

Yes a positive test here and their legal woes woudl be enough to terminate here. also if you can get support set, then nonsupport here is great grounds for termination..

Here's reference to hair follicle testing..

http://www.ipassedmydrugtest.com/hair_drug_test_FAQ.asp

Good luck and take care..

You live in a beautiful state here. I have relatives in Ashland..

 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.



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