Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

ACS took my daughter from me 5 months ago she is 9 months old

Customer Question
now. I have completed all...
ACS took my daughter from me 5 months ago she is 9 months old now. I have completed all the programs they asked me to do which was very difficult to do being that I have went 5 days a week for 4 months. I am still seeing a psyciatrist, therapist and going to relapse prevention classes and submitting to random drug tests. I go back to court in a week. I have a 1089 permanency plan hearing. The plan is to return to parent. I did test positive for pcp in June that was it. Will the judge give me my daughter back?
Submitted: 7 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 35 minutes by:
9/1/2010
Family Lawyer: AlexiaEsq., Managing Attorney replied 7 years ago
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13,572
Experience: 19+ Years of Legal Practice in Family law matters.
Verified

Welcome!

 

I am an attorney with 17+ years of legal experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open forum. Do you understand and agree to these provisions as well as Justanswer.com's disclaimer?

Please respond with a Yes or No to continue.

Ask Your Own Family Law Question
Customer reply replied 7 years ago
yes well they took her from me with no reason but that someone called acs on me.
Family Lawyer: AlexiaEsq., Managing Attorney replied 7 years ago

Hi Marina,

 

With regard to your post:

 

ACS took my daughter from me 5 months ago she is 9 months old now. I have completed all the programs they asked me to do which was very difficult to do being that I have went 5 days a week for 4 months. I am still seeing a psyciatrist, therapist and going to relapse prevention classes and submitting to random drug tests. I go back to court in a week. I have a 1089 permanency plan hearing. The plan is to return to parent. I did test positive for pcp in June that was it. Will the judge give me my daughter back? ...yes well they took her from me with no reason but that someone called acs on me.

 

It would not be unheard of for the judge to not give you your daughter at this point. This is because you ingested illegal drugs, and doing so when you were trying to get your daughter back. The judge may perceive it that even when you have great incentive to stay clean, you were not strong enough to...which may lead him to believe that once the major incentive of getting your daughter back is gone, you will be even more inclined to fall off the sobriety ladder, and this time possibly hurting your baby.

 

To give yourself the strongest chance of convincing him, perhaps show that when you fell of the wagon, your increased your therapy, or NA meetings, went to AA everyday (or the equivalent), continued or found a stable job (so you can support your child sufficiently), and of course followed all programs. You really want to show that whatever caused you to illegally do drugs 2 months ago, is no longer a threat...and that you have your life together to take care of that precious baby and start to put her first above all else.

 

If you don't succeed next week, don't be terribly surprised, but know that it would only be because they don't want to take chances with your daughter's life, which I am sure you are grateful for. They can't read the future, so they can only look at that past to try to predict the chances of relapse. But what is good is that you can CREATE the past that they will look at later, when reconsidering at the next hearing! So, if you not only follow their minimum requirements, stay clean, stay at a decent job (to help show stability), and then demonstrate how important you believe your sobriety is (ergo, go to EXTRA meetings of AA/NA or whatever is local.....you will likely be able to get her back, while she is still so young she will never even remember that she was "in the system."

 

Good luck.

 

Please click accept now and follow up afterwards, if needed.

 

--

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put TO ALEXIA ESQ in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

Sincerely,

Alexia Esq., Legal Expert

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

 

Ask Your Own Family Law Question
Customer reply replied 7 years ago

I was actually clean for a year and a half before they took my daughter. My couselor got me very upset and i relapsed bc she wouldn't take my drug test. I have been clean for 70 days. Sorry I did not get back to u sooner. I didn't see that you answered.

Family Lawyer: AlexiaEsq., Managing Attorney replied 7 years ago

That is OK, I understand. I'm wondering if you had your hearing that you were scheduled for? And I'm so sorry that the incident you endured caused you to relapse - the judge is going to want to see precisely the opposite - that you have necessary strength to not less stresses and unpleasantries cause you to fall off the wagon. He sees all that is at stake (your baby's welfare/life) and will likely be cautious. But again, you can create the new future of wonderful evidence that supports your case.

 

Did you have any other clarifications needed that I could help you with?

Ask Your Own Family Law Question
Customer reply replied 7 years ago
No, I go to court tomorrow. Thank you.
Family Lawyer: AlexiaEsq., Managing Attorney replied 7 years ago

Good luck! It is definitely not a 100% that he won't give back your daughter tomorrow. Just try to stay strong if he doesn't, understand why, and hopefully get a feel from him for exactly what he wants from you, beyond what you are currently doing, and the time frame he is looking for when you can reunite.

 

Good luck!

 

Note: Clicking "accept" will not cost you anything, as you have already deposited, but will ensure JA provides me with credit for assisting you. Thank you!

Ask Your Own Family Law Question
Ask AlexiaEsq. Your Own Question
AlexiaEsq.
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13,572
13,572 Satisfied Customers
Experience: 19+ Years of Legal Practice in Family law matters.

AlexiaEsq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My husband took his affair to our trial yesterday to be his
My husband took his affair to our trial yesterday to be his witness. He introduced her as his official fiancé . Is there are rule to protect me against this? I'm in shock! … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My wife has not been to our home in 2 weeks. She claims she
Hello. My wife has not been to our home in 2 weeks. She claims she stops by every day" to look around" Local police officer suggested doing a civil standby, setting a particular date for her to come p… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
Ex husband filed for ex parte motion for order to show
Ex husband filed for ex parte motion for order to show cause. Re. judgement modification and declaration in support. No papers have been served to me. What do I need to file … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
A parent that was not married to his son's mother would like
A parent that was not married to his son's mother would like to create parenting time/joint custody … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
We had a trial on 9/20/17 and there is minute order from it.
We had a trial on 9/20/17 and there is minute order from it. That trial was with temporary judge who didn't take his time to research the case and notice that we have a child with special needs who re… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,029 satisfied customers
Is it possible to request, bar a doctor from treating my
Is it possible to request, bar a doctor from treating my child if CPS is temp managing conservator. The physician who testified against me and the physician who reported me to CPS have been treating m… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
My daughter just died leaving her 5 yr old with us..she
my daughter just died leaving her 5 yr old with us..she lived at our residence since she was born... the father is out of state and is a student... he just showed up with the police and they forced ou… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
I am going to file a divorce to my husband after living with
I am going to file a divorce to my husband after living with him for 10 years. This is in CA, We don't have any complicated asset or issues. The only issue is we bought a condo together 4 years ago. T… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,411 satisfied customers
I bought my home seven years prior to my marriage. I have
I bought my home seven years prior to my marriage. I have never accepted any funds for mortgage payments. My husband paid some of the utilities in the home. I would like to know what are my rights to … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
413 satisfied customers
I am the respondant, my husband is pushing for a quick
i am the respondant, my husband is pushing for a quick divorce that denies my right to claims made on his part but not included in my copy of his divorce summons as well as my right to any support. i … read more
DrakeLAW
DrakeLAW
Juris Doctorate
828 satisfied customers
If a court consent order if in breach and the plaintiff
If a court consent order if in breach and the plaintiff seeks to recover in full but the defendant brings payment up to date can the order be reinstated… read more
Bill Attorney
Bill Attorney
law
1,411 satisfied customers
I have three children. 14, 13, and 11. Indiana. I have lived
Yes I have lived in WV for 8 years and had custody of my children. The judge allowed us to deviate from State guidelines and allowed visits to Indiana with their father on our decision. The kids have gone for the summer for 8 years. This last year my 14 and 13 year old wanted to stay and bond with their father I wrote the judge to tell them. We have a hearing Thursday and the kids want to come home… read more
Sue
Sue
Juris Doctorate
184 satisfied customers
Family law. state
family law JA: Family law varies by state. What state are you in? Customer: Washington state JA: Have you talked to a lawyer yet? Customer: no JA: Anything else you want the lawyer to know before I co… read more
Seattle Scott
Seattle Scott
Private practice attorney
974 satisfied customers
A co-worker is being accused of an inappropriate snap chat
a co-worker is being accused of an inappropriate snap chat coversation with a student. There is belief that the account does not belong to the co-worker and possibly a lie by the student. How does def… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
I'm just looking into seeing whether it's a good idea to
Hello I'm just looking into seeing whether it's a good idea to close my child support case … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Ex husband took our son to NY without my approval during my
Hello, Ex husband took our son to NY without my approval during my custodial time for 3 days. He didn't offer any make up time for me. We have 50/50 custody. He is also very verbally abusive with me, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
What is the first step to getting married in Maryland?
what is the first step to getting married in Maryland? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x