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  1. #1

    Exclamation Custodial Parent on Drugs. Petitioning Court for Modification

    My question involves a child custody case from the State of: Kentucky

    Serious inquiry! My wife lost custody of her children, long story, and has no visitation rights. The courts did NOT deem her a bad parent. It was a case of being in the wrong place at the wrong time. ANYWHO, we found out that the custodial parent, their father, admits to being addicted to drugs. He actually admitted to it in front of a group of people and to my wife over a phone conversation. What can we do to petition the courts for a drug test and possible overturn custody rights? What would be the steps.
    I know that you are to have proof that they are on something to bring to the courts but we have none, only his word of admittance.
    Any and all information would be greatly appreciated! (Do not have lawyer and no money to really pay for one either, but I know with civil cases you need not a lawyer.)

    Thank you!

  2. #2
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    Default Re: Custodial Parent on Drugs. Petitioning Court

    Without a confession, without drug arrests/convictions, the court will not even entertain a petition for drug testing. Furthermore, even if he's an addict, this is not in and of itself a reason to have custody modified.

    Perhaps more importantly though, your wife should explain why she lost custody and has NO visitation rights - this is NOT common. The actual circumstances could affect her chances of getting custody.

  3. #3

    Default Re: Custodial Parent on Drugs. Petitioning Court

    It's SO uncommon in fact, that if mom's parental rights have been terminated completely, that even IF the child were to be removed from dad's care, mom is probably not even on the LIST of potential persons with whom the children might be placed.

    father admits to being addicted to drugs
    Prescribed drugs? Over the counter drugs? Illegal drugs?

    Now for the kicker: OTHER than being addicted, what's the problem? In other words, being addicted isn't a crime, and doesn't in and of itself endanger the child. What specific incidences have occurred? What effects to the drugs have that would impact his ability to care for or properly supervise the child?

    If mom wants to appeal her loss of rights, she's going to need to do that based on the merits of the case that was brought against her. What's happening with dad and any potential drug use isn't going to help MOM's defense of whatever actions or inactions of her own cost her rights.

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