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Have a question. If mother has custody on child (5years

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Have a question. If mother has custody on child (5years old). CPS was informed from child school for child neglect and mother tested positive for drugs. The child was placed under the arrangement of mother and father (CPS was present when child was picked up from home. Mother was order not to be around child without supervision. This is second case against mother from CPS. Can father file Modification of child parent relationship in order to have custody of child.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

The child is with father at this time.

Lawyer's Assistant: Has anything been filed or reported?

No the father is wanting to file for custody. Can we file modification for child parent relationship. There is still open case from CPS against mother

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, what else can I file for mother to not try to get child till hearing while they determine for custody

Submitted: 1 year ago.Category: Family Law
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Answered in 18 minutes by:
8/3/2017
Family Lawyer: Legal Eagle, Lawyer replied 1 year ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 14,372
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I am sorry to hear about your situation. The answer to the question is yes. The father can file from modification of the child-parent relationship to get greater custody of the child. the father can cite the recent issues regarding child neglect in the positive test for drugs as a part of the reason for the modification. One thing the father would have to do is to make sure that they are also putting the reasons why they would be a better fit. So long as the father is helping the court understand that the health, welfare, and education of the child is going to be in better hands with the father, did they will not only work to prove their case up, but they will also be able to help refute any defenses made by the mother.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Family Lawyer: Legal Eagle, Lawyer replied 1 year ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

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