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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110489
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband and I are in a legal custody battle with CPS over

Customer Question

My husband and I are in a legal custody battle with CPS over my 8 year old daughter. At this time she is in CPS custody but she has been place with my 22 year old daughter to live until this is resolved. I, the mother have passed every urine test for drugs but failed two hair follicles for methamphetamine. My child also failed a test for methamphetamine. I worked at a low budget hotel and often took my daughter to work with me. My boss gave a notarized statement that on multiple occasions that I found in the guest rooms drugs and turned meth, cocaine, heroine, marijuana, pills etc. I quit the job because of this but it was too late. I had already exposed myself and my daughter. I have never failed a urine test and since I quit work my daughter passed two hair follicles. My husband never failed a urine of which he has taken about 20 over the last year at least two a month and never failed a hair follicle of which he has taken 3 over the last month. We went to court after being told by CPS that they were recommending our case be closed and instead they ask my husband to go clip off his fingernails and toenails to see if he had done any drugs in the last 18 months which is 6 months longer than our case has been open and for no reason. Each urine test is 35 dollars. Each hair follicle is 100 dollars. A finger nail test is 275 dollars. The mental health and couseling that is court ordered is over 100 dollars a month not including meds that i do not need. I also am orderd to go to two AA meetings a week and I dont drink or use drugs. I voluntarily go to Christian Women's Job core 8 hours a week for my own spiritual health in this time. I go to church every time the doors open and would easily have 60 people in my church show up if the youth court judge would hear their testimony of what a good person I am. My AA sponsor and my Christian Women's Job core leader showed up and were not allowed in the courtroom. I have two jobs work 6 days a week with my only day off to worship. My husband has two jobs and he two is only off one day. HELP we are good God fearing people and have raised three grown daughters one is at UAB in medical school, 36 on her ACT another is at USM one semester away from being an elementary school teacher and one is two semesters away from being a public account. I have never laid a hand on my children and they have been brought up to give back to the community that you live in. Hancock County DHS and Youth Court needs to be harnessed in if nothing else but by the supreme court. Children in foster care are being sodomized to death and its time to put this to a stop. HELP!
Submitted: 11 days ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 days 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.

The problem is that meth does not get into your system just from cleaning hotel rooms, it actually has to be ingested.

However, you do not have a question that appears above, what is your question for us?

Customer: replied 11 days ago.
No but if you touch a,surface with meth and touch your mouth or eyes etc it does
Expert:  Law Educator, Esq. replied 11 days ago.

I'm sorry, but as an attorney who handles drug test cases, the amount of meth you are talking about would not meet the levels set by drug testing companies, even though you want to believe that it would. Each drug test lab has a threshold level that needs to be reached before a test can be reported as positive. A hair follicle test can detect levels from months in the past as well and the levels of the substance in the test would show the approximate length of time since the substance was used.

However, I am not here to judge or dispute that with you. If CPS is not allowing you to regain custody, despite the clean drug tests for current use you will need to file a petition for reunification in court. You would have to prove in court that you are NOT unfit as CPS alleges. The US Supreme Court says you have a civil right to your child and they cannot interfere with that right without clear and convincing proof you are unfit. See: Troxel v. Granville, 530 U.S. 57 (2000).

In addition to going to court with a petition for reunification, for which you should use an attorney if you want a good chance to succeed, because these CPS social workers are the most incompetent, negligent and abusive people you will ever meet and will lie and make up evidence to suit their needs, you also have a right to sue CPS for civil rights violations for the abuse and harm being caused to your child in addition to the improper deprivation of your civil rights (this must have an attorney locally because you cannot sue on your child's behalf and you need to do so) in federal court.

So these are your options.

Customer: replied 11 days ago.
Thank you
Expert:  Law Educator, Esq. replied 11 days ago.
Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Expert:  nicolas-cssm replied 11 days ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. ( Thank you, ***** ***** Customer Support Team.
Expert:  Law Educator, Esq. replied 10 days ago.

Did you have further questions on this matter I could assist you with?