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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29303
Experience:  Attorney with experience in family law.
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MY SON WHO IS A RECOVERING HEROIN ADDICT NOW CLEAN ONE YEAR

Customer Question

MY SON WHO IS A RECOVERING HEROIN ADDICT NOW CLEAN FOR OVER ONE YEAR JUST HAD A SON BY A WOMAN WHO ALSO IS A RECOVERING HEROIN ADDICT NOW ALSO CLEAN. THIS WOMAN LOST CUSTODY OF HER FIRST SON DUE TO BABY BEING BORN WITH HEROIN IN SYSTEM. THE LITTLE BOY LIVES WITH HER PARENTS AND SHE CAN SEE HIM ANYTIME HOWEVER MUST BE SUPERVISED. TODAY MY SON WAS TOLD THAT BECAUSE OF THE FIRST CHILD SITUATION THE MOTHER CAN NOT BE LEFT ALONE WITH THE SECOND CHILD BUT MY SON CAN. MY SON IS DEVISTATED. THEY ARE TRYING TO GET CUSTODY BACK ON THE FIRST CHILD AND NOW WORRIED HOW WILL HE WORK IF THE MOTHER HAS TO BE SUPERVISED. WHAT IS MY SON'S RIGHTS? HE IS ON PROBATION BUT AS I SAID BEFORE HAS OVER A YEAR CLEAN.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your son's situation.
The child's rights - and safety - trump everything else. If a judge has determined that the child may not be safe with the mother, then the number one thing you son can do is work with the mother to change that. He cannot leave the child alone in her care, or he risks losing the child entirely.
He can ask the judge if it would be OK for you to stay with the child and the mother during the day, if the mother agrees and you don't work (if she doesn't, it would just be too problematic). Or he can put the child in daycare. But a father doesn't have any rights to leave a child with a mother who may present a danger to that child. He'll have to come up with some other option while the mother receives treatment, until he can convince the judge that she's not a danger.
I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.
Good luck.