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  1. #1
    Join Date
    Nov 2015

    Default How to Protect a Child From Drug Addicted Parents

    My question involves child abuse or neglect in the State of: Louisiana
    My son "John" and "Mary" have a two year old son "Junior". I am the paternal grandmother of "Junior". "John" was incarcerated a year ago, and is not expected for release until July 2017. "Mary" went to rehab from November 2014 thru February 2015, and I cared for "Junior" without any official documentation. I have un officially shared joint custody for the past year ("Junior" lives with me every other week, Sunday thru Sunday) To make a long story short, "Mary" has relapsed into her drug (meth) habit. There was an incident 4 weeks ago when she was under the influence, and police sent her to the hospital, and she walked out against doctors orders in less than 24 hours. I notified CPS. "Mary" agreed that she would be staying with her parents on the weeks that "Junior" is with her. I returned "Junior" to her last Sunday. Two hours later I received a message from her father, "come help please..."Mary" is high and trying to leave with "Junior". I immediately went to check on the child. I realized that "Mary" was in fact under the influence. I called 911. She was arrested for a previous bench warrant, and when searched, narcotics (meth and other drugs) were found. Needless to say, "Junior" returned home with me. "Mary" had previously signed "medical consent" to me over "Junior". CPS is only recommending "provisional custody". My problem with that is that it does not keep "Mary" from coming to take "Junior" when she is able to bail out of jail. Currently "Mary" does not have home, job, car, or phone. And if she used drugs in her parents home, with "Junior" in her care, who is to say she won't again?!? What do I need to do to protect my grandson? I need advice on how to get more than Provisional Custody until "Mary" can get herself together and be a responsible parent.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How to Protect a Child From Drug Addicted Parents

    If you are not satisfied with the provisional custody by mandate, you can attempt to litigate for custody. You will have to prove to the court that that parental custody will cause substantial harm to the child. That is a difficult standard to meet. If you are unsuccessful, you may find that the parents are no longer willing to extend the provisional custody they are presently voluntarily granting to you. If you do try to seek custody, given the burden of proof and the possible consequences of an unsuccessful action, it would make sense for you to work with a very good lawyer.

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