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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My best friends daughter is currently in labor. She is only

Customer Question

My best friends daughter is currently in labor. She is only 15. She had her blood drawn and she tested positive for Meth. They are going to wait to test the baby when it is born but I want to know if she signs custody to her Mom or to me will the state be able to remove the baby
JA: What state are you in? It matters because laws vary by location.
Customer: Florida
JA: Has anything been filed or reported?
Customer: NO the doctor just informed her that she tested positive about 1 hour and a half ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: That the daughter is 15 and obviously still a minor so what will happen to her Mom and can her Mom take custody
Submitted: 8 months ago.
Category: Family Law
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

1) FDCF (CPS) has the right to stand as a custodian for any child born in Florida. It can try to do so if it feels that the child cannot be raised by the parents due to drugs, etc, but the Court would have to agree. So think of CPS as a potential "parent" who may file for custody.

2) If the mother agrees to give up her parental rights, and CPS feels that the father can raise the child on his own, then CPS will leave the matter alone, likely.

3) I am afraid you do not have "standing" (i.e. the ability to file suit) for the child because you are not related and the child would not have lived with you for a long period of time. However the grandmother may be able to take custody, OR, be appointed as guardian if CPS takes custody and places the child with the grandmother.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).