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Ill probably fail the dcf drug test for marijuana while my girlfriend and her 7 month old live with me. Will she lose her kid?

Casselberry, FL |

She was in an abusive relationship and got an apartment with me after dcf warned her to vacate the "dangerous premisis". Now that dcf is aware that her 7 month old and herself are living with me, they want to drug test me. Ill more than likely fail for marijuana and am just wondering what the outcome would look like.

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Attorney answers 1


It depends. The court will look at a number of factors before making a decision as to whether or not there needs to be a change of placement for the child. All the parties involved, including DCF would give their recommendations as to what they think should be done to ensure the child is in a safe and healthy environment. I would expect that the mother would be given the opportunity to find another place to live. Additionally, there is the possibility that they might impose drug testing on her as well. The court will look to see whether the mother is making the proper decisions to ensure the best interest of her child. If she was ordered by DCF to leave a dangerous premises, and from there moved into a home where there is drug use, the court will look negatively on her decision-making skils. However, whether they would go as far as removing the child from her may be based on what changes she is willing to make, such as moving, or you not smoking marijuana and testing negative for a series of follow-up tests, etc. If the court is inclined to remove the child from her, they would look to first place the child with the other parent. If the other parent is not an option, they would look to place the child with a relative or non-relative. The last option would be foster care.