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the mother would not have custody. untill she is clean. she will not have jail time unless she is caught will drugs
No, I think they require that the mother go through rehab and the child must stay at the hospital until he/she is out of danger. I don’t believe they file any charges against the mother, although there may be a question as to whether she is fit enough to take custody of her baby.
If you are a drug abuser and the father isn’t, and you have no intent on quitting your drug use, don’t you think custody should go to him? Would you want your child to grow up a drug abuser as well? If your answer is yes than I pity you.
Quit drugs, get tested regularly to prove it and keep your child.
Because child custody is a “civil” and not “criminal” issue the judge would not normally consider jail, although he COULD!
What the judge WOULD do, however, is obtain ALL the information concerning BOTH parents by ordering an attorney to the case that would represent the child only!
If it’s learned that one parent is better than the other…the judge would seriously consider child placement at that time!
Best wishes!
The baby is put in custody of child protective services immediately. The mother is usually placed in rehab and yes, can face serious charges. If she gets clean for long enough, she can get the baby back eventually, but it can take up to a year.
The baby usually is taken into the care of the state. And yes she can be charged with child neglect or endangerment. As well as she should be…the baby didn’t ask to be born and the Mother should have taken that into consideration before becoming pregnant.
It depends on the state’s laws and the county. It also depends on what steps the mother is willing to take to correct the drug addiction. It depends on a number of things, including the hospital and caseworkers on how proactive they are enforcing such laws. But yes the mother CAN face criminal charges and temporary loss of custody until the state deems her fit. Custody typically goes to family if the family is found competent by a judge in family court. If the family has to be investigated for any reason the child is placed in temporary foster care until the judge and guardian-ad-litem come to a decision.
You know all I ever see is that there will be criminal charges and baby taken, blah blah blah. My 4 nieces and nephews were all born drug addicted and all born at 4 different hospitals, and with 3 of them NOTHING HAPPENED. With the last one, they did have a CPS worker come and check up on him every so often for 3 months and even that social worker didn’t do a good job at taking care of the situation. If the father is trying to take custody and the baby is born drug addicted, odds are he could get temporary full custody.
CPS get custody unless the courts award a member of the infants family custody. Yes the mother will be charged and jailed.
Generally, if a child tests positive for drugs at the time of birth, the hopsital staff will notify Children’s Protective Services(or whatever name your state’s agency goes by.). They will likely do an emergency removal, the state will take temp custody of the child, and the mother will be required to go through different services, classes, and other things to have her child returned.
The state will take temp custody, but will look for appropriate family to place the child with. If there is no appropriate family, then foster care will be used.
That really depends on whether or not the father is involved and if he’s a loser too.
If both parents are losers or dad isn’t present (loser)- then it would preferably go to another relative- grandma, grandpa, uncle, aunt, etc.
If not, it would go into the social system for a while at least.
A mother can face criminal charges of abuse…
In most cities and towns if a mother comes in obviously addicted or using, CPS takes the baby from her when she gives birth. As should be.
some states do charge the mother while others don’t , in texas they do , but in fla they put the child in a foster homes until the parents can prove themself and to do that they got to pass one urine test and take a few parenting classes , its sad that these kids are born addicted and its even worse the person who did it to them get by with it, also if its takin from its bmom it can stay with a relative under state supervision instead of a foster home