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If my baby mom comes back positive for drugs can I get my…

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If my baby mom...

If my baby mom comes back positive for drugs can I get my baby even though she has full custdy

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas

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No

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

I just need help getting her cause CPS cant take her away

Submitted: 11 months ago.Category: Family Law
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Answered in 5 minutes by:
10/2/2017
Family Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 15,763
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 (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Family Lawyer: Legal Eagle, Lawyer replied 11 months ago

I'm very sorry to hear about your situation and thank you for your patience. If your baby's mother comes back positive for drugs, then you can petition the court to modify your custody arrangement to get full custody. This means that you will need to prove that her positive drug test will inhibit her ability to be a good mother. If she is arrested, then you can use that to your advantage. Now, keep in mind that you will also need to prove that the child being with you instead of its mother will be in the best interest of the child. It is important that you keep in mind that the court is only going to be concerned with how the child is going to benefit. Therefore, if you have a job, a safe place to live, and a way to watch over the child while you are at work, then you may be granted custody, at least temporarily, until the mother’s drug issue subsides.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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