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.
Family Law Attorney
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.
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2 lawyers agree
Family Law Attorney
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