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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15913
Experience:  Licensed Texas General Practice Attorney
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My 25 year old daughter and 2.5 year old grandson currently

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My 25 year old daughter and 2.5 year old grandson currently reside at our home. A complaint was made to CPS that my husband and myself use crack and marijuana in the presence of my grandson. We have NEVER EVER used crack, period!!! However we have on occasion used marijuana but NEVER when my grandson is present. We do not drink alcohol, smoke cigarettes or use any other substances. My question is should we submit to a drug test and if we test positive for marijuana use how will that impact my daughter and grandson? Also should we get a lawyer?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. It really depends on the nature of the investigation and how vigorously they're pursuing it. Sometimes CPS involvement results in custodial arrangements being changed because of allegations of illegal drug use, even marijuana. CPS typically frowns on illegal drug use or addiction of any parent or adult in a guardianship role as bearing on their fitness, especially if the use is in front of the child or has a bearing on the welfare of the child.

ScottyMacEsq :

To be honest, it's more important that your daughter is clean than you are. While your drug use could have an impact on the custodial arrangements, the drug use (if any) of the biological child is taken into account more heavily than the grandparents.

ScottyMacEsq :

Now that being said, it's still pretty serious if you test positive for marijuana.

ScottyMacEsq :

I would not submit to any test that you feel that you can't beat. There

ScottyMacEsq :

There's no benefit to that.

ScottyMacEsq :

A marijuana test does not indicate when you used it, but only if. So it would not show that you did not use it in the presence of your grandson, and it would be good to have some character references lined up on your side.

ScottyMacEsq :

If the investigation gets intense, I would get an attorney involved. They will typically do a first level investigation, and if there's anything that gives them a belief as to the truth of some or all of the allegations, they might dig deeper. It would typically be when they dig deeper that they would come up with the drug tests, and it would be best to have an attorney that handles CPS cases if it gets to that point.

ScottyMacEsq :

Even with this drug use, there would still need to be good evidence that it would put the child at risk, which is why it's more "dangerous" for the biological mother. It's rare that CPS would have a condition to move out of the grandparents house to keep the child, and it really would have to be a serious situation where the health and/or wellbeing of the child was in jeopardy. The more immediate concern for you would be that you don't admit (inadvertently) to a crime, as that would be admissible in a criminal court.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!

Customer:

Thankfully my daughter does not use drugs of any kind. Thank you for your advise it has been very helpful.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response or rating... Please note that thShould I continue to await your response, or may I assist the other customers that are waiting?is question remains open until you rate it.

ScottyMacEsq :

Sorry, there was a bit of an error there... Please note that this question remains open until you rate it. Should I continue to await your response, or may I assist the other customers that are waiting?

Customer:

sorry changed a diaper. Just to be clear, I have not yet spoken with CPS investigator, it was just recommended that we offer to take a drug test. When we do speak with her we can legally decline the test?

ScottyMacEsq :

Yes. Until there is an order that mandates it, you don't need to take one.

ScottyMacEsq :

Now if they start saying that they might "take away" the child,etc... then that would be something that you would want to get a lawyer for.

Customer:

thanks, XXXXX XXXXX rate shortly. Have a great evening.

ScottyMacEsq :

You're welcome, and again, good luck to you!

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