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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My Mid Wifes are telling me that they are going to take my

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My Mid Wifes are telling me that they are going to take my baby when she is born no matter what I do. I am in my seventh month. I have been honest with them about my past drug use and any drug use while pregnant. When I first found out I was pregnant I was in active use. I told them this and once I found out I quit. I have had a couple slips that I used but then stopped. I have not been using the whole time. Im not saying any of this is good I just do not think I deserve to have my first child ripped from me. I am doing what I need to do to better myself and be a good mom. I want to know what my options are. Is there nothing I can do to stop this.
Thank you for your question. Please permit me to assist you with your concerns.

I am very sorry that you are in this situation. Perhaps you could provide me more of a back-story here so I can best assist. Where are you giving birth, are you charged with anything at this time, and is CPS involved in your case? Please advise.
Customer: replied 4 years ago.

I was going to give birth in Montana but am currently at my moms in Wyoming. I have not had any charges against me that I am aware of and I have not talked to anyone from CPS. This is all just getting started and I left Montana and came to my moms where I have the support of my family because I am alone in Montana. I will probably give birth here in Wyoming.

Thank you for your follow-up.

Two more follow-up questions if I may. First, why did you inform the mid wives and other medical professionals of your drug use? Second, have you spoken about this with your mother, and is she potentially willing or able to raise the child should CPS come after you? Please advise.
Customer: replied 4 years ago.

I was honest because I believe it is good to be honest and I want to have the right care for my baby so she is ok. Yes my mom knows everything and is willing to take custody if need be.


Thank you for your follow-up. The problem here are that the mid-wives are legally required to report admitted drug use as that could be considered abuse of the child. This is likely why CPS is potentially going to get involved. However in your case it appears that you have some legitimate benefits and options available to you--if your mother is willing to step in and to obtain temporary guardianship, then should CPS get involved ask your mother to do just that. Then, if you can demonstrate to the courts that you have remained clean, helped care for the child, potentially worked and provided child support while your mother is caring for her, at some point down the line you would be able to file and request that custodial rights be transferred over to you. YOu are not in a situation where the child will be taken to a foster family unless your mother herself is somehow unfit, so here working on bettering yourself is the best option you have going forward in obtaining rights back to your child as time goes on.

Good luck.

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