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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111482
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My daughter has a 2 yr old she overdose on herion this weeek

Customer Question

my daughter has a 2 yr old she overdose on herion this weeek shehas beenclean 4 yrs to muc stree with babys fa ther going fri tto court he wants to get full custody whst areher chance of gettin g her baby back/????
Submitted: 2 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
MA child protection is under so much scrutiny from Governor Baker right now, the chances of her getting her child back any time soon are slim. She is going to have to go to rehab and is going to have to satisfy the court she is no longer a danger to the child. As far as the father getting the child, if the father is deemed to be a fit parent, the court will give the child to the biological parent over anyone else. If the father is not fit and you can show he is not fit, then you as grandparent can go to court as well to seek a family placement of the child until the mother completes rehab and can prove to child protection and the court that she has recovered sufficiently to have custody returned to her. This is going to be a lengthy process and can take a year or more.
If they award custody to the father, if the father is fit, the most your daughter will get back would be shared custody (50-50) or she would get joint custody where the father is primary physical custodian and your daughter gets the child on weekends.

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