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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114810
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Second opinion] Just had my 2nd child and my wife tested

Customer Question

Second opinion] Just had my 2nd child and my wife tested positive for opiates, Meth, THC, and barbiturates. She is prescribed Sertazine, Paxil (changed to Wellbutrin when found out she was pregnant and takes alprazolam if panic struck artistes show she doesn't have a seizure. Now CPS says on day of discharge that my 2 and a half year old and new born can stay with my n laws but we can't stay the night there. I work nights so Now I have to get an extended stayHotel until we find out our Legal options and rights in In Texas. Do I still have fullcustody? Tomball Texas Thanks in advance for speedy response
Submitted: 14 days ago.
Category: Legal
Expert:  Law Educator, Esq. replied 13 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.
Here is the issue, if she is taking legal prescriptions then CPS does not have legal cause to remove the child. Also, it is her that is being alleged to be on drugs, not you. CPS has no legal right to impair a biological parent's fundamental rights to their child without clear and convincing proof the parent is unfit. If there is no proof you are unfit, you still have rights and CPS cannot stop YOU from having the children.
As far as your wife, she will need to clear herself of the claims of the positive illegal narcotic tests with her doctor's help and once she does CPS cannot stop her from being with the child.
I would suggest you get yourself a local family attorney and pursue CPS in federal court for civil rights violations if they are keeping you from your child and that you also pursue this in state family court to get the children back into your care and custody.
Customer: replied 13 days ago.
Thanks for the information sir
Expert:  Law Educator, Esq. replied 12 days ago.
Thank you for your reply.
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