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My question involves a child custody case from the State of: Virginia
How can a responsible, drug free father, with no criminal record, gain full custody from a drug addicted mother of their 2 year old child? She has been using pain killers for years and has never been able to take care of her daughter. She promises to come clean, but never does. He needs to know the steps he needs to initiate gaining custody. Thanks!
He first needs to come here and answer some questions.
Is there a custody order in place?
Has Mom ever been convicted of any drug-related crime? If so, when?
If Mom has "never been able" to take of her daughter, what has Dad done about this?
If the mother is committing a crime, buying illegal drugs, being in possession of prescriptions in other peoples names, being under the influence while operating a motor vehicle, the father, being a responsible citizen has a duty to report that crime to the proper authorities. If these aren't illegal drugs, but drugs legally prescribed to her by her doctor, you will end up hanging yourself with the rope you are tying.
Hmmm. I'm wondering if Dad knows that there's a difference between dependence and addiction?
Many people don't.
Great questions! No custody order yet. I don't know if she's been convicted of any drug related crime. Mom is addicted to pain killers. She had gotten a script from her doctor. She went to him a few months ago and told the doctor that she wanted to get clean, and he tried to help her, but she only stayed clean for about a month. She also has a drug dealer that she buys from. She and the birth father live together, and the father has taken care of the child since birth. The child goes to a babysitter when they are working. The father has done all the feeding, clothing, bathing, diaper changing, and bedtime stories since the child's birth. He does all the housework, laundry, cooking, while mom is high on the couch. She keeps promising him that she will quit, and he's getting tired of believing her. Here's the real clincher- She had to go buy illegal drugs today (Christmas) and didn't return for hours, while the father was with the children, celebrating Christmas. She has 2 other children from 2 other men, and this father loves and takes care of them all. Pretty hard to explain to the other older children, where's mommy on Christmas?
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She's down to weighing 90 pounds. She hardly eats anything because the drugs have dulled her appetite. She isn't dependent on drugs, she is addicted to them.
Colour me confused. Mom and Dad are still living together as in...a relationship?
(And really - it's not hard to say "Mom isn't here right now, but hey, pick your favourite Christmas movies and we'll watch them back to back!" )
(No...really)
Back to the parenting issue. Any chance of Dad logging in? You're lacking some pertinent information.