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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 11983
Experience:  Experienced in multiple areas of the law.
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My sister is in jail, waiting to see if she goes to rehab or

Customer Question

My sister is in jail, waiting to see if she goes to rehab or prison due to heroin abuse. I currently have her children at my house. I want to file for temporary custody, but I'm not sure if I should. For some reason, I don't want to hurt her feelings. Any advice?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Ohio
JA: Have you talked to a lawyer yet?
Customer: No.
JA: Anything else you think the lawyer should know?
Customer: She says if she's going to rehab, she's taking her children with her. I don't think it's a good idea. Her older son has severe behavioral issues, largely because of her substance abuse. He's currently in a partial hospitalization program for juveniles with behavior problems. He also receives an SSI check monthly, and she's the payee. She's been using that money as if it were her own.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Family Law
Expert:  RobertJDFL replied 3 months ago.

Thank you for using Just Answer. I look forward to helping you.

While I understand feeling as if you would hurt your sister's feelings, the reality is she is sitting in jail right now because of the poor choices she made. These poor choices have not only impacted her, but her children, and given that her older son already has issues from previous substance abuse use, clearly this has been an ongoing struggle for her, and one she hasn't been able to beat.

A court would look to do what is in the best interest of the children. I think you know, but want reassurance, that what is in their best interest is not to be with their mother right now. Even if she is sent to out patient rehab, rehab is about getting one's self straightened out, kicking the addiction, so that they can rebuild their life. She can't do that if she has to focus on the children. And really, if she thinks she can, she's only fooling herself and others, because if she could have, she would have already.

Temporary doesn't mean forever, as you know. She needs to stop being selfish and needs to grow up, to be quite honest. I don't mean to sound harsh, but she has children who depend on her. They can't depend on her if she won't take her treatment seriously, if she doesn't focus on getting herself off drugs, and her life in order. Once she shows she can do that, she's ready to be a parent. But right now? You'd be doing the children a disservice delivering them back to their mother.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you!

Expert:  RobertJDFL replied 3 months ago.

Was there anything I could clarify about my answer or more information I could provide you with regarding my answer?

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