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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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My nephew has been trying to get full custody of his 2 year

Customer Question

My nephew has been trying to get full custody of his 2 year old daughter since birth.
FACTS:
Child born addicted to cocaine and opiates
Father was given permission by the court and child protective services to move from Florida, where the child was born, to Georgia
Mother has been arrested 6 times for drug possession since the birth of the child; the case plan set-up was never even started; mother has been on drugs since the age of 14 and has been in 3 rehab facilities.
Child protective services closed the case due to the fact that the father moved to Georgia and is living with his aunt.
Mother comes from a wealthy family and got a high profile attorney and the judge gave 50/50 shared custody.
Mother is still on drugs and father filed a motion for the mother to have a hair folical drug test and was denied by the judge.
Pictures had been sent to child protective services show her passed out at the airport. Judge said that father had wasted the courts time with his motion and that he was to pay the mother's legal expenses.
Two months later, the mother was taken to ER for drug overdose and infection in her arm.
New case plan has been set-up; the father has child; the mother was just given a random drug test and tested positive for drugs.
Georgia Child Protective Services have become involved.QUESTION:
1. A home evaluation by Georgia Child Protective Services of the home is to be done; however, I have asked for a copy of the policy and procedures and have not been given any nor can I find it on the website. Can they just come into my home without me being given any written procedure to review or sign or agree to? What can or can they not do?2. The child has been in my home since she was 10 months; why do I have to show them proof of my mortgage payments; income tax return and me and my 94 year old father be drug tested and finger printed? They are to go through our closets and take pictures of the home we were told also. What are the limits that I can allow them to have?3. The case plan was to have been completed in September by the mother. She was to have completed rehab; gone to counseling and therapy; get a job and be drug free and pay child support. Now that she has been tested positive for drugs, can the judge now just give full custody to the father and change the venu from Florida to Georgia?4. Can the judge give the mother an extinson and allow her to keep on failing. He has already stated a year ago that he knows that she has failed 2 rehab programs and yet he still gives her everything she requests.5. What can the father petition the court for. It was also noted that the mother has been in ER two times for drug overdose while she had shared custody of the child. At what point does the mother dose her rights?
Submitted: 4 months ago.
Category: Family Law
Expert:  Attorney2 replied 4 months ago.

Welcome and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  Attorney2 replied 4 months ago.

I am sorry to hear that the process has been frustrating. Unfortunately this is true in every State. Give me a moment to address each of your questions.

QUESTION:
1. A home evaluation by Georgia Child Protective Services of the home is to be done; however, I have asked for a copy of the policy and procedures and have not been given any nor can I find it on the website. Can they just come into my home without me being given any written procedure to review or sign or agree to? What can or can they not do?

2. The child has been in my home since she was 10 months; why do I have to show them proof of my mortgage payments; income tax return and me and my 94 year old father be drug tested and finger printed? They are to go through our closets and take pictures of the home we were told also. What are the limits that I can allow them to have?

3. The case plan was to have been completed in September by the mother. She was to have completed rehab; gone to counseling and therapy; get a job and be drug free and pay child support. Now that she has been tested positive for drugs, can the judge now just give full custody to the father and change the venu from Florida to Georgia?

4. Can the judge give the mother an extinson and allow her to keep on failing. He has already stated a year ago that he knows that she has failed 2 rehab programs and yet he still gives her everything she requests.

5. What can the father petition the court for. It was also noted that the mother has been in ER two times for drug overdose while she had shared custody of the child. At what point does the mother dose her rights?

Customer: replied 4 months ago.
OK, I will be waiting for your answer to my questions,Thank You
Expert:  Attorney2 replied 4 months ago.

I am sorry to hear that the process has been frustrating. Unfortunately this is true in every State. Give me a moment to address each of your questions.

QUESTION:
1. A home evaluation by Georgia Child Protective Services of the home is to be done; however, I have asked for a copy of the policy and procedures and have not been given any nor can I find it on the website. Can they just come into my home without me being given any written procedure to review or sign or agree to? What can or can they not do? Are you looking for the investigative process?

2. The child has been in my home since she was 10 months; why do I have to show them proof of my mortgage payments; income tax return and me and my 94 year old father be drug tested and finger printed? They are to go through our closets and take pictures of the home we were told also. What are the limits that I can allow them to have? I know it seems like over kill, however they are permitted to do this.

3. The case plan was to have been completed in September by the mother. She was to have completed rehab; gone to counseling and therapy; get a job and be drug free and pay child support. Now that she has been tested positive for drugs, can the judge now just give full custody to the father and change the venu from Florida to Georgia? Since the child is still in Georgia the Judge has venue in Georgia and can provide custody to the father in Georgia. This would be valid in Florida.

4. Can the judge give the mother an extinson and allow her to keep on failing. He has already stated a year ago that he knows that she has failed 2 rehab programs and yet he still gives her everything she requests. Are you asking if they can prohibit the father from receiving custody of the child?

5. What can the father petition the court for. It was also noted that the mother has been in ER two times for drug overdose while she had shared custody of the child. At what point does the mother dose her rights? The court MUST agree to severe her rights. This can be requested by the father at any time.

Which County?

Customer: replied 4 months ago.
You have not really answered my questions. You only gave general answeres that I could have done. You must be new. Other attorneys in the past have given way more thorough answers to my questions and not respond as you have done.
Expert:  Attorney2 replied 4 months ago.

This is general information site and these are the term of service as of today. The case moved from Florida to Georgia?

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I am happy to get into more detail with you. Can you tell me the county and if you are looking for the entire process?

Customer: replied 4 months ago.
I have had a membership with this site for over 5 years and unless something has changed, I have had several attorneys that I have been very well pleased with. I will not give their names; however, I will make sure in the future to ask for them. I see that you only have 25 ratings and I can understand why.
Expert:  Attorney2 replied 4 months ago.

I have worked with you in the past and I have over 4,000 positive ratings.

Attyadvisor, Attorney

Expert:  CalAttorney2 replied 2 months ago.

Dear Customer,

Thank you for using the forum. My name is***** am another expert on the forum, and I hope to assist you today.

If the Court is overseeing custody of the child, and placement of the child is in your home - the Court can order a home inspection. This is only because of a court order - Children's Services cannot independently choose to do this.

Assuming that the Court has ordered this inspection, the court can also control the scope of the inspection (thoroughness, drug/alcohol testing of "all occupants" of the home, etc.). The scope and nature of the investigation is set by the court based on the court's determination of the need for this investigation as presented by the parties in the hearing (so whatever evidence was presented to the court made the court want to issue an inspection order in this way).

You can contest this inspection order (a writ to the appellate court - a time consuming, procedurally difficult, and somewhat expensive process) - and even refuse the inspection (which can jeopardize placement of the child).

It is highly unlikely the court is going to transfer jurisdiction to another state - this is possible but rarely happens. The court can maintain jurisdiction even if the child is no longer physically in the state.

The court is also unlikely to terminate the mother's parental rights (this very rarely happens). The mother is likely to lose any custody rights (including the right to supervised visitation or even lose the right to contact the child) - but "losing parental rights" is really not a viable legal option (it is a phrase that is unfortunately misunderstood). Based on the mother's conduct - a revocation of all visitation, and legal custody (so the father or legal guardian can make all decisions - school, residence, medical decisions, etc.), and revocation of contact (so the mother cannot contact via phone, or letter - or a limitation of contact to only letter), would be reasonable.