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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118809
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Where the father has sole custody of child, he himself is drug

Customer Question

where the father has sole custody of child, he himself is drug addict, lives with his mother and father both are ill, does not work to support his child and often takes her with him to find drugs, she is only 8 years old, is there any way to get custody of child until /when he get rehab and is clean? Grandmother and great grandmother are the ones who supply food clothing etc for child.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years 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.
Yes, if you have proof he is taking the child out to buy drugs and is addicted, this is a basis for proving the father is unfit, which is required by the US Supreme Court case law in Troxel v. Granville, which holds a parent's rights to their child cannot be interfered with unless they are proven unfit.
You would need to engage a local attorney and file a petition for custody and you are going to have to present evidence to the court he is not fit.
You do have an option of reporting this to Child Protection, especially if he is taking the child with him to find drugs, but I am hesitant to ever recommend child protection because as a whole their social workers are highly incompetent and negligent and most times are not interested in the welfare of the child. In most cases we have involving CPS, they cause more issues than they ever resolve, so you going to court and proving his being unfit would be by far the best option to protect the child.