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  1. #1
    Join Date
    Mar 2016
    Posts
    9

    Default Proving a Drug Addicted Mother is Unfit for Third Party Guardianship

    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.

  2. #2
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: Proving a Drug Addicted Mother is Unfit for Third Party Guardianship

    Quote Quoting lynnec
    View Post
    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.
    Drug tests test for everything. Including RX drugs that are not prescribed. The judge could order mother to take a hair follicle test but how would that prove she is abusing? Chances of proving her unfit? Don't know. Is the young family pursuing custody? If not, no. What evidence is there that is substantiated that mother is abusing drugs? What drugs? Who are you?

  3. #3
    Join Date
    Mar 2016
    Posts
    9

    Default Re: Proving a Drug Addicted Mother is Unfit for Third Party Guardianship

    The mother's claim (as of right now) is that she has been off ALL prescription (except monthly vivitrol shots) and illicit drugs since December. So any drug that she would test positive for would indicate she is still abusing. She was on Suboxone for 6 1/2 years, taking 5 - 1mg Xanax a day in addition to abusing Adrerall. Her claim is that she has been off the Suboxone (cold turkey with no side effects) since December and all other drugs since that time. I am the paternal aunt. The child is in my mothers custody at this time because we've been told legally she cannot be removed from the state. The mother has extremely limited supervised visitation. My mother's lawyer as well as the minor child's lawyer are well aware that my husband and I would like to seek permanent guardianship. We've been told however that in order for that to happen the mother must be declared unfit. The "routine" urine tests that she claims she passes on a regular basis contradict a 51A filed a few years ago by the minor's pediatrician as well as many other accounts of her using. Her own brother threw her under the bus, but no longer wishes to be involved in helping us. I would like to know if the judge can force her to take a random thorough drug test that she can't "GNC" her way out of (as we believe she's done many times before). Also I am looking for confirmation that I can become a Permanent Guardian for her if the mother is declared unfit. The child has asked many times if she can live with us. Thank you!

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Proving a Drug Addicted Mother is Unfit for Third Party Guardianship

    Quote Quoting lynnec
    View Post
    The mother's claim (as of right now) is that she has been off ALL prescription (except monthly vivitrol shots) and illicit drugs since December. So any drug that she would test positive for would indicate she is still abusing.
    This is a dangerous supposition. The presence of a prescription drug absolutely DOES NOT equate to abusing said drug.


    She was on Suboxone for 6 1/2 years, taking 5 - 1mg Xanax a day in addition to abusing Adrerall. Her claim is that she has been off the Suboxone (cold turkey with no side effects) since December and all other drugs since that time. I am the paternal aunt. The child is in my mothers custody at this time because we've been told legally she cannot be removed from the state. The mother has extremely limited supervised visitation. My mother's lawyer as well as the minor child's lawyer are well aware that my husband and I would like to seek permanent guardianship. We've been told however that in order for that to happen the mother must be declared unfit. The "routine" urine tests that she claims she passes on a regular basis contradict a 51A filed a few years ago by the minor's pediatrician as well as many other accounts of her using. Her own brother threw her under the bus, but no longer wishes to be involved in helping us. I would like to know if the judge can force her to take a random thorough drug test that she can't "GNC" her way out of (as we believe she's done many times before). Also I am looking for confirmation that I can become a Permanent Guardian for her if the mother is declared unfit. The child has asked many times if she can live with us. Thank you!
    Nobody can tell you what will or will not happen.

    The child has also, in all probability, verbalized the desire to live with just about anybody else who may come to mind.

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