Jurisdiction for Emergency Custody Based on Prenatal Drug Use
My question involves child abuse or neglect in the State of: TN
Can parental rights be removed from parent(s) if mother admitted to using methamphetamine during the first three months of pregnancy in another state? Mother admitted to using meth during the first three months of her pregnancy which was 10 years ago in the state of California. She moved to TN completely clean. The child was born completely normal at full term and all prenatal exams showed a healthy child. The mother has been drug free for the entire ten years as well as the father. The father had no knowledge of the drug use in the during the first 3 months as mother and father were not together(mother was in another relationship). Step-grandmother-in-law filed a Petition for Emergency Custody in TN when parents recently separated and then divorced. So the question is....Can TN remove the parental rights from the mother if she admitted to using meth in the first trimester of pregnancy while living in California 10 years ago? I know it sounds absurd but that is the courts only angle to remove parental rights in this case. They are also trying to state that the father was aware of the drug use.
Re: Jurisdiction Boundaries Concerning Prenatal Drug Use
The prenatal drug use took place 10 years ago and is no longer relevant. What matters is what kind of care the mother is providing the child now. If the mother is not abusing or severely neglecting the child the state cannot terminate her parental rights to the child.
Re: Jurisdiction for Emergency Custody Based on Prenatal Drug Use
Quote:
Quoting
KruBruder
My question involves child abuse or neglect in the State of: TN
Can parental rights be removed from parent(s) if mother admitted to using methamphetamine during the first three months of pregnancy in another state? Mother admitted to using meth during the first three months of her pregnancy which was 10 years ago in the state of California. She moved to TN completely clean. The child was born completely normal at full term and all prenatal exams showed a healthy child. The mother has been drug free for the entire ten years as well as the father. The father had no knowledge of the drug use in the during the first 3 months as mother and father were not together(mother was in another relationship). Step-grandmother-in-law filed a Petition for Emergency Custody in TN when parents recently separated and then divorced. So the question is....Can TN remove the parental rights from the mother if she admitted to using meth in the first trimester of pregnancy while living in California 10 years ago? I know it sounds absurd but that is the courts only angle to remove parental rights in this case. They are also trying to state that the father was aware of the drug use.
Mom absolutely and positively needs an attorney. Either there is far more going on than you are aware of, or there is some sort of malfeasance going on. The mother cannot afford to be without an attorney.
Re: Jurisdiction for Emergency Custody Based on Prenatal Drug Use
Step-grandmother in law? Really? I can't see this person having a lot of standing to gain an emergency custody order.
Drug use 10 years ago, when the child wan't born to boot, won't matter especially if she's clean now and has been, and seeing to the child's needs. She should still get an attorney as it sound like there will be a full court pres to drag her name through the mud.
All of this is, of course hypothetical and is reliant on the information you provided being complete and accurate.
Re: Jurisdiction for Emergency Custody Based on Prenatal Drug Use
Quote:
Quoting
KruBruder
My question involves child abuse or neglect in the State of: TN
Can parental rights be removed from parent(s) if mother admitted to using methamphetamine during the first three months of pregnancy in another state? Mother admitted to using meth during the first three months of her pregnancy which was 10 years ago in the state of California. She moved to TN completely clean. The child was born completely normal at full term and all prenatal exams showed a healthy child. The mother has been drug free for the entire ten years as well as the father. The father had no knowledge of the drug use in the during the first 3 months as mother and father were not together(mother was in another relationship). Step-grandmother-in-law filed a Petition for Emergency Custody in TN when parents recently separated and then divorced. So the question is....Can TN remove the parental rights from the mother if she admitted to using meth in the first trimester of pregnancy while living in California 10 years ago? I know it sounds absurd but that is the courts only angle to remove parental rights in this case. They are also trying to state that the father was aware of the drug use.
10 years ago? Really? You are bringing this up now? They're not going to remove her rights based on some hearsay. I bet the mom won't admit that she used in court. The court isn't trying to take her rights the step-grandmother in law is the one who filed. SHE wants to remove rights. Why the hell is the step grandmother in law involved?
She needs a lawyer and to not talk to the step grandmother.
Re: Jurisdiction for Emergency Custody Based on Prenatal Drug Use
The mother did in fact admit in court that she used meth during the first trimester of pregnancy 10 years ago. Both the mother and father had attorneys. Neither attorney submitted a single article of evidence. Both parents lost parental rights solely on the premis that the mother used meth during the first trimester of pregnancy and that the father was aware of it even though the father wasn't in a relationship with, living with or even in the same part of the state as the mother. The ruling also stated that the father used meth with the mother at the time even though there was no testimony, evidence or accusation from either side of such.
The step-grandmother-in-law had a child that was killed in a car accident years ago. Since then she has worked in daycare. I can only assume she saw an opportunity to have the children when mother and father split up due to the mother's many infidelities. Father moving to California would mean the children are far from her and mother cohabiting with men she barely knew would be bad for the children. Step-grandmother-in-law was also not favored by her step-son as he wasn't very accepting of her marital infidelities shortly after her marriage to the grandfather.
The case is set to be appealed. The question is..Can TN remove children from parents if the mother admits to using drugs in the first 3 months of pregnancy 10 years ago while living in California?
Re: Jurisdiction for Emergency Custody Based on Prenatal Drug Use
Quote:
Quoting
KruBruder
The case is set to be appealed. The question is..Can TN remove children from parents if the mother admits to using drugs in the first 3 months of pregnancy 10 years ago while living in California?
If that was truly the sole reason for the court’s decision then the answer to that is clearly no, it can’t. (And it would not matter in what state the illegal drug use occurred.)
Re: Jurisdiction for Emergency Custody Based on Prenatal Drug Use
Quote:
Quoting
KruBruder
The mother did in fact admit in court that she used meth during the first trimester of pregnancy 10 years ago. Both the mother and father had attorneys. Neither attorney submitted a single article of evidence. Both parents lost parental rights solely on the premis that the mother used meth during the first trimester of pregnancy and that the father was aware of it even though the father wasn't in a relationship with, living with or even in the same part of the state as the mother. The ruling also stated that the father used meth with the mother at the time even though there was no testimony, evidence or accusation from either side of such.
The step-grandmother-in-law had a child that was killed in a car accident years ago. Since then she has worked in daycare. I can only assume she saw an opportunity to have the children when mother and father split up due to the mother's many infidelities. Father moving to California would mean the children are far from her and mother cohabiting with men she barely knew would be bad for the children. Step-grandmother-in-law was also not favored by her step-son as he wasn't very accepting of her marital infidelities shortly after her marriage to the grandfather.
The case is set to be appealed. The question is..Can TN remove children from parents if the mother admits to using drugs in the first 3 months of pregnancy 10 years ago while living in California?
If you are telling us the whole story, then I think that this case is going to be overturned on appeal.
Re: Jurisdiction for Emergency Custody Based on Prenatal Drug Use
And after this, both parents need to make sure this woman never has access their children again - ever. This is the epitome of a toxic grandparent (and yes, I know the word "step" is present in earlier posts).
Re: Jurisdiction for Emergency Custody Based on Prenatal Drug Use
I'm kinda wondering who OP actually is...