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What fits the criteria of an unfit mother on a legal stand-point? What would one need to do to have their baby taken away?

Los Angeles, CA |

My sister has been a drug addict for the past ten years. She unfortunately has fallen pregnant for the second time and miraculously hasn't lost her baby yet considering the amounts of drugs she's taking. She's completely unfit for pregnancy and I fear the worse if her daughter actually makes it through birth. Her chemical imbalance caused from drug abuse cause her to be extremely irrational and aggressive. She is an active drug addict with a record if that is any help. Just last year she was incarcerated for breaking and entering and attempting to deal to an undercover cop. Is it possible to get the authorities to take custody from her once the baby is born? What actions would I need to perform? Is there any way I could have custody over her baby until an adoptive family is found?

Attorney Answers 2


Well, you could report the case to CPS and they may wish to take jurisdiction. As it were, I am an adoption and family law attorney. I have a client who has been looking to adopt a baby. If you would like to discuss that issue with me, you may contact my office at (951) 686-1010 or

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I agree, you may want to get CPS involved. As far as the chemical imbalance, it is hard to determine whether the drugs are causing the issue, or if she is self-medicating. You don't have to wait until the baby is born to take action. If nobody intervenes before the baby is born, the hospital may test the baby for drugs if made aware of the situation. Once they are aware that the baby has drugs in its system, they will contact authorities.

Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.

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Thank you for your time. I would rather her baby not be placed in foster care as I would imagine she would when she would be taken from her. Is there any way I could be give custody of her if I could prove I can prove a stable environment for her? That way I could find an adoptive family for her.

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