Have Legal Questions? Ask a Lawyer Now.
I hope this message finds you well, present circumstances excluded. The main thing you need to keep in mind in approaching this situation is that the court is seeking to do that which is in the best interest of the child.
In the present case, it sounds like you are on the right track. Here are some things that you can do to help you get your daughter back:
- keep detailed records of your volunteer work and have those that you work around right letters of recommendation as to your fitness and character that you can give the court;
- if you are not undergoing drug tests, you should voluntarily submit to drug tests at least once per month if at all possible and keep the results of those tests to show that you are not using;
- have friends and family members write letters on your behalf as to your fitness, the changes you have made in your life and as to how good of a mother you are to your daughter.
You take these bits of evidence and you file for joint custody at a minimum. You need to be able to show the court that you made a mistake and have changed. There is typically a preference for a child to be with the mother...particularly a young female child. You have that going for you, but you need to be able to show the court that you are the best parent for the child and that impediments of the past are forever behind you now.
Let me know if you have any other questions or comments. Best wishes going forward.
Educator, Esq: Follow up question: Is the following
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).