Me and my fiance' accidentally overdosed last friday prescribed medication and was unable to pick up our son from school. Dfs placed our child in temporary custody of the grandmother due to as dfs stated as neglect. I am no longer prescribed to the medication I overdosed on as I took from an old bottle. She is currently prescribed to the medication. We met with the social worker and he said that our child has been placed in a 30 day safety plan to to stay with the grandmother. And that me and the child mother needs to take a drug and alcohol evaluation in order to speed up the process. I know I can pass the test clean as the only thing I do on a daily basis is smoke ciggerrets. The mother on the other hand feels that she will fail the drug test due to her occasionally smoking marijuana. If she tests positive for marijuana can we lose permanently custody of our child?
No, you're not going to lose custody "permanently." But the sooner you get your act turned around, the sooner you will have your son back. As far as the court and DFS are concerned, there is no such thing as "accidentally" overdosing when you have a young child. A positive drug test now may delay when you get your child back. You both need to work to get off drugs -- all kinds -- and you may be able to request to get custody back. Even if you lose custody for some time, you can always petition to the court to get custody back if circumstances significantly improve.
Be aware that this response does not create an attorney/client relationship. I live and work in Massachusetts and may or may not know the local laws where you live. I hope people find my responses not only helpful but somewhat entertaining as well. If you rely on this as legal advice, remember the old saying, "You get what you pay for."
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