NOT MARRIED BUT NEED HELP WITH CUSTODY of week of baby

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Latest post Mon, Jan 4 2016 10:47 AM by ca19lawyer2. 4 replies.
  • Wed, Dec 30 2015 9:48 PM

    NOT MARRIED BUT NEED HELP WITH CUSTODY of week of baby

    I am a  22 yo father and found out today that the mother of my child used drugs during her pregnancy. The baby tested positive and CPS is involved now. She also admitted to marijuana use and tested positive since the baby was born. She told me I could not take my son because she is breast feeding and if I left with him she would call the police. I filed the paperwork as the father with the hospital and have the paperwork. There has not been any court orders. Can I take my son and how can I get emergency physical custody of him where she cannot take him. Please help I am in Texas and custody was worked out before baby was born and now she will only let me see him at her mothers with others there. I believe this is child endangerment since she is forcing my son to breast feed. If this would have happened a month ago this would be child endangerment but lessing marijuana is the enemy.

  • Wed, Dec 30 2015 11:04 PM In reply to

    Re: NOT MARRIED BUT NEED HELP WITH CUSTODY of week of baby

    Absent court orders to the contrary, mom has sole custody and visitation is when and where she allows it.  If CPS is involved, you need to contact the SW and work with them. 

  • Thu, Dec 31 2015 5:55 AM In reply to

    Re: NOT MARRIED BUT NEED HELP WITH CUSTODY of week of baby

    Did CPS take custody of the child? If there is am open case you need to talk to the case worker and ask that the baby be placed wih you but be advised if they consider you for placement you are going to have to be able to take care of a baby. They will want to see your place, and do a background check on you. Do you have a support system? Who is going watch the baby if you work? You also should see an attorney asap.

  • Thu, Dec 31 2015 7:34 AM In reply to

    Re: NOT MARRIED BUT NEED HELP WITH CUSTODY of week of baby

    James Taylor Harris:
    I believe this is child endangerment since she is forcing my son to breast feed.

    This has nothing to do with the law, but I did a quick internet search on "risks of consuming marijuana while still breast feeding," and of the sites that came up, the one with the most detailed information about actual studies that have been performed was this one from drugs.com.  Apparently the studies found little actual harm to the baby from the breastfeeding mother's marijuana consumption even when the mother consumed it often.

    There is the POSSIBILITY that harm might show up later, but apparently no actual evidence one way or the other.  Contrast that to the widely known harm of fetal alcohol exposure.  Quite a lot of pregnant women probably have been heavy marijuana users over the decades since marijuana became popular, and yet there is no evidence of any "fetal cannabis syndrome" equivalent to fetal alcohol syndrome.

    I have researched enough medical questions online to develop a very well-honed BS meter.  MANY, MANY things that doctors advise people to do are actually based only on completely uninformed guesswork.  It makes sense to them that, for example, increasing your fiber intake should reduce your risk of developing diverticulosis, but there is apparently no actual evidence that this is true.  So I always ask myself what proof is this article offering to show that what it says is true?  If I notice there isn't any proof, I ignore what that website said and move on to the next.

    I know that it is easy for me to say don't worry about the mother's cannabis use, since it's not MY baby, but remember that there are PROVEN benefits of breastfeeding, that you would take away from your child if you take him (her?) away from his mother now.

  • Mon, Jan 4 2016 10:47 AM In reply to

    Re: NOT MARRIED BUT NEED HELP WITH CUSTODY of week of baby

    James Taylor Harris:
    I filed the paperwork as the father with the hospital and have the paperwork.

    And what exactly does this "paperwork" say?

     

    James Taylor Harris:
    Can I take my son

    We have no way of knowing, but it certainly sounds as though taking him will not be possible to do peacefully.

     

    James Taylor Harris:
    how can I get emergency physical custody of him where she cannot take him.

    By filing appropriate paperwork with the local court and getting the court to issue a custody order.

     

    James Taylor Harris:
    custody was worked out before baby was born

    Any agreement you and the mother made before the child was born is legally meaningless.

    I strongly suggest you enlist the services of a local family law attorney.

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