My question involves a child custody case from the State of: Massachusetts
Mother has long history of drug abuse (both prescription and illicit). Child was born addicted to amphetamines, mother was arrested and convicted when the child was 2 years old (child was present and put into danger during arrest). Father fought and won physical custody of child and oversaw all visitation with mother. Child spent apx 3 days a week with the mother (who was considered to be "clean" during this time).
Father died suddenly in the fall and mother was reported to be using by many eyewitnesses. DCF was involved and screened out the case because even though the mother was reported to be on drugs by many people the child was staying with paternal side over these few days. Paternal grandparents were given temporary guardianship while a GAL completed investigation. There is family the child is very close to in a neighboring state that is more than willing to become permanent guardians (child has asked to be placed with them if she does not return to her mother). Both parties are currently represented by their own lawyers.
Current court case is active. Currently this has been going on for 6 months and no drug testing has been required. We know for certainty that the mother is using prescription drugs (many of them). She has supposedly tested clean during her NON random urinalyses (which as far as I know DO NOT test for RX drugs) up to this point. The GAL appears (though the report is not final) to believe the mother is reformed and the paternal side is pursuing out of some sort of vengeance on the mother.
The pretrial date is set for May and I am wondering at this point what to expect. Can the judge make the mother take a hair follicle test to prove she is abusing? With a long history of drug abuse (and many having accounts of her being just a neglectful mother) what are the chances that she can be proven unfit? Also playing out both scenarios, is it possible at all that the child will be allowed out of state to live with a young family with cousins she considers to be her sisters? ANY advice or information would be so greatly appreciated.
Mother has long history of drug abuse (both prescription and illicit). Child was born addicted to amphetamines, mother was arrested and convicted when the child was 2 years old (child was present and put into danger during arrest). Father fought and won physical custody of child and oversaw all visitation with mother. Child spent apx 3 days a week with the mother (who was considered to be "clean" during this time).
Father died suddenly in the fall and mother was reported to be using by many eyewitnesses. DCF was involved and screened out the case because even though the mother was reported to be on drugs by many people the child was staying with paternal side over these few days. Paternal grandparents were given temporary guardianship while a GAL completed investigation. There is family the child is very close to in a neighboring state that is more than willing to become permanent guardians (child has asked to be placed with them if she does not return to her mother). Both parties are currently represented by their own lawyers.
Current court case is active. Currently this has been going on for 6 months and no drug testing has been required. We know for certainty that the mother is using prescription drugs (many of them). She has supposedly tested clean during her NON random urinalyses (which as far as I know DO NOT test for RX drugs) up to this point. The GAL appears (though the report is not final) to believe the mother is reformed and the paternal side is pursuing out of some sort of vengeance on the mother.
The pretrial date is set for May and I am wondering at this point what to expect. Can the judge make the mother take a hair follicle test to prove she is abusing? With a long history of drug abuse (and many having accounts of her being just a neglectful mother) what are the chances that she can be proven unfit? Also playing out both scenarios, is it possible at all that the child will be allowed out of state to live with a young family with cousins she considers to be her sisters? ANY advice or information would be so greatly appreciated.
Grandparents and Third Parties: Proving a Drug Addicted Mother is Unfit
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