Family Law Questions? Ask a Family Lawyer Online.
Hi,I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
If the children are in danger, you can call Child Services to investigate. Child Services also has the ability to temporarily remove the children from the home if necessary while they make a determination. You can let them know that you are willing to take custody until things are sorted out. Many states prefer to do temporary placement over termination of rights if it's possible that the parent can make positive changes.
The other option is to file a for Involuntary Termination of Parental Rights. Note that if the father is in the picture, and the mother's rights are terminated, he usually become the custodial parent, if he IS fit and willing to raise children. The other parent takes priority over other relatives. The state can help with involuntarily termination if they are already involved.
Otherwise, it may be best to hire a local attorney to assist you. These cases are pretty complicated, and most states don't have free forms online you can file. You have to be able to show that your daughter is incapacitated due to the drug use or that the children are neglected or abused. You may at least want to call around to see what it would cost to bring the case. A good place to review lawyers in your area is www.martindale.com.
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