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What can I do to get my step child away from their methamphetamine addicted mother?

Orlando, FL |

We've already been through court judge didn't believe mother is on drugs, dcf has already been called but will not make her take a urine drug test on the spot when they show up. They set up an appt. for her and she doesn't follow through. Even if they set up another appt. the drugs she is doing won't show up because how fast it leaves the system. We begged her to go to rehab she won't she talks to my fiance all the time says she doesn't trust herself and she admits she's on meth to him. She even bragged to him that she got cash assistance and bought drugs the child is just a baby and mother is not working and staying with a friend without the necessities for a baby? I am just at my breaking point please don't say get a lawyer I already had one I have lost faith in the justice system.

Attorney Answers 2

Posted

What do you want us to say...you've tried DCF, you are on a page asking lawyers. Of course we are going to tell you to get a lawyer. These cases are difficult to prove, I won't tell you otherwise. But if you are going to seek redress through the justice system you need a lawyer, and since you are on here asking lawyers, you must still be wanting to use the courts. You can hire a private investigator to follow her and catch her buying or using, but you still have to prove it affects the baby - either she does it with the baby in the car, or she passes out or acts crazy and can't care for the baby. Since you probably don't have specific times and locations, this could cost you quite a bit of money. But that is the proof you need.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

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2 lawyers agree

5 comments

Heather Morcroft

Heather Morcroft

Posted

Addicts are sneaky, and they are masters at deception. Your frustration is totally understandable, and a common reaction in people dealing with addicts. I know, because I work in this field and I deal with this everyday, so if I sounded a little harsh, I'm sorry. I really do feel your pain. But you need to understand that you have to get the proof - even though you know exactly what is going on, proving it in court is much harder than you would think, and that is the problem you are facing. Not that the justice system won't address it if you can prove it - the problem is how to prove it.

Sandra Kia Ambrose

Sandra Kia Ambrose

Posted

Ms. Morcroft is right on the money for this one. Drug addicts are so difficult to deal with. You need assistance in figuring out how to lay the net for her to step into. IT can be done, but it is difficult. You may think a lawyer won't help, but as they say, doing what you have been doing that hasn't worked is the definition of insanity.

Paige L Carlos

Paige L Carlos

Posted

I am really sorry about your situation, but I also agree with Ms. Morcroft. And as she mentioned, proving that the mother is addicted to the drugs is only one factor; you will still have to show there is/will be some imminent harm (abuse or neglect) to the child. I know it seems ridiculous but the addiction alone won't be enough to remove the child from the mother's custody. To prove some type of imminent harm to the child, it may be necessary to have the court appoint a guardian ad litem. Good luck to you.

Asker

Posted

Thank you for the fantastic advice to this question as well as my previous questions. You are absolutely right about what did I expect going on a page to ask a lawyer besides to be told to pay at a minimum of $5000 to protect a child and get a lawyer. Like I asked in previous questions I have the proof that the lawyer I had brought up but it was acceptable to the judge to pass out on the toilet in front of the children all in the same picture. But thank you again for re affirming my belief in the justice system does not work I will not post another question again on this website.

Heather Morcroft

Heather Morcroft

Posted

The problem with a photograph is that she can lie about why she is passed out and you can't prove it. We really are not heartless or greedy. It is hard to prove not because lawyers are horrible people, but because addicts are so good at deception. Think about it - they are lying to themselves first of all, so their perception of everything is skewed. That makes it easy to lie to everyone else. We don't set the standards of proof required, we just tell you what you need to meet them. I know it's easy to blame us, but remember, the one who is the problem here is the addict.

Posted

My suggestion is that you Marchman Act her. You go to the mental health division of the Court and tell them you want to file a Marchman Act. It requires you to file a Petition laying out the facts why you believe she is a danger to herself or others (ie. the child). Tell the Court what she has been doing. The Court will review the petition and if the facts alleged are sufficient they will enter an Order requiring her to be picked up by the Sheriff's office and taken to a facility for evaluation. If the evaluation determines that she needs help, then they will recommend treatment of some sort to the Court. A hearing is held where this evaluation

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2 comments

Betty Elaine Jones

Betty Elaine Jones

Posted

is reviewed and the respondent is provided an attorney if they want one or they can bring their own. The Court asks if the respondent is going to fight the petition or accept it and voluntarily (not really) submitting to the treatment recommended. The Court has the power to incarcerate them if they do not comply. If they fight the Petition there is a mini-trial where you the petitioner will have to appear and testify. You will have to appear at the initial hearing as well. Good luck. Sincerely, B. Elaine Jones, Esq.

Betty Elaine Jones

Betty Elaine Jones

Posted

I realize that this may not remove the child from the mother but I sensed that your real concern was making the sure the child is safe with the mother. This might work, I have tried it in my own family's personal life with relative and she is now meth-free. Again, good luck.

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