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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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ACS took my daughter from me 5 months ago she is 9 months old

Customer Question

ACS took my daughter from me 5 months ago she is 9 months old now. I have completed all the programs they asked me to do which was very difficult to do being that I have went 5 days a week for 4 months. I am still seeing a psyciatrist, therapist and going to relapse prevention classes and submitting to random drug tests. I go back to court in a week. I have a 1089 permanency plan hearing. The plan is to return to parent. I did test positive for pcp in June that was it. Will the judge give me my daughter back?
Submitted: 3 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 3 years ago.

Welcome!

 

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Customer: replied 3 years ago.
yes well they took her from me with no reason but that someone called acs on me.
Expert:  AlexiaEsq. replied 3 years ago.

Hi Marina,

 

With regard to your post:

 

ACS took my daughter from me 5 months ago she is 9 months old now. I have completed all the programs they asked me to do which was very difficult to do being that I have went 5 days a week for 4 months. I am still seeing a psyciatrist, therapist and going to relapse prevention classes and submitting to random drug tests. I go back to court in a week. I have a 1089 permanency plan hearing. The plan is to return to parent. I did test positive for pcp in June that was it. Will the judge give me my daughter back? ...yes well they took her from me with no reason but that someone called acs on me.

 

It would not be unheard of for the judge to not give you your daughter at this point. This is because you ingested illegal drugs, and doing so when you were trying to get your daughter back. The judge may perceive it that even when you have great incentive to stay clean, you were not strong enough to...which may lead him to believe that once the major incentive of getting your daughter back is gone, you will be even more inclined to fall off the sobriety ladder, and this time possibly hurting your baby.

 

To give yourself the strongest chance of convincing him, perhaps show that when you fell of the wagon, your increased your therapy, or NA meetings, went to AA everyday (or the equivalent), continued or found a stable job (so you can support your child sufficiently), and of course followed all programs. You really want to show that whatever caused you to illegally do drugs 2 months ago, is no longer a threat...and that you have your life together to take care of that precious baby and start to put her first above all else.

 

If you don't succeed next week, don't be terribly surprised, but know that it would only be because they don't want to take chances with your daughter's life, which I am sure you are grateful for. They can't read the future, so they can only look at that past to try to predict the chances of relapse. But what is good is that you can CREATE the past that they will look at later, when reconsidering at the next hearing! So, if you not only follow their minimum requirements, stay clean, stay at a decent job (to help show stability), and then demonstrate how important you believe your sobriety is (ergo, go to EXTRA meetings of AA/NA or whatever is local.....you will likely be able to get her back, while she is still so young she will never even remember that she was "in the system."

 

Good luck.

 

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Customer: replied 3 years ago.

I was actually clean for a year and a half before they took my daughter. My couselor got me very upset and i relapsed bc she wouldn't take my drug test. I have been clean for 70 days. Sorry I did not get back to u sooner. I didn't see that you answered.

Expert:  AlexiaEsq. replied 3 years ago.

That is OK, I understand. I'm wondering if you had your hearing that you were scheduled for? And I'm so sorry that the incident you endured caused you to relapse - the judge is going to want to see precisely the opposite - that you have necessary strength to not less stresses and unpleasantries cause you to fall off the wagon. He sees all that is at stake (your baby's welfare/life) and will likely be cautious. But again, you can create the new future of wonderful evidence that supports your case.

 

Did you have any other clarifications needed that I could help you with?

Customer: replied 3 years ago.
No, I go to court tomorrow. Thank you.
Expert:  AlexiaEsq. replied 3 years ago.

Good luck! It is definitely not a 100% that he won't give back your daughter tomorrow. Just try to stay strong if he doesn't, understand why, and hopefully get a feel from him for exactly what he wants from you, beyond what you are currently doing, and the time frame he is looking for when you can reunite.

 

Good luck!

 

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