Monday, August 23, 2010

Can someone give me legal advice asap?

I am now dealing with CAS/CPS. Okay, they were called and found no abuse or neglect said there were no concerns. Then when they accessed my sons medical records seen that two months ago I mentioned my spouse used cocaine. Well he has no quit but they want a hair follicle test done now. He will not pass cuz it's not been three months yet. My concern though is with his son whom lives with us. CAS said they are now going to involve his mother but would not go into detail on the phone. Will they take him away from us? My spouse has joint custody of my stepson with my mother in law. CAS took him away from the mother years ago due to neglect. My mother in law lives next door. Would it be best to send him next door to stay with her until all of this is resolved? We do not want to lose him or any of our children. My spouse never did the drugs around them and would come home after the kids were in bed so they never seen it. They would be home with me while he was gone away. Please I need helpCan someone give me legal advice asap?
i do not wish to comment much on this in public; but since your mother-in law has joint legal custody, you should MOVE your stepson into her care and he should stay there. Do as they say, and DO NOT leave your children alone with their father. I do not know why , for the life of me, you would tell anyone about the cocaine use, but the damage is done. Illegal drug use by a parent is reason to remove your children. You need to get a legal aid attorney ASAP. They have probably have petitioned an ex parte Child In Need of Assistance in order to remove your children. In most jursidictions you will then be notified when your fisrt court date will be. Email me if you want to know what will happen next. It would have been helpful to know what state you are in.Can someone give me legal advice asap?
If you were to present the option of letting your son go to the Mother in law's house while they conduct their investigation and are very cooperative, then come court time that will reflect well on your behalf. They can not just take him away without court proceedings, so that is the best place to present your case as the CPS will when power struggles. Hope this helps.
You're asking for legal advice on Yahoo! Answers. You're much better off asking for legal advice from a lawyer. No matter how well-intentioned and experienced many responders may be, you are only getting opinion. Please speak with a lawyer.
Your husband should deny that he used cocaine, tell them the Dr got it incorrect, maybe he said he had used once, some time in the past.





You could have been lying to the Dr when you told him your husband used cocaine.





He may pass the test, if he is afraid he can try that soap they sell at the head shops, I attended a class on drug use and the lab tech that talked about hair tests said that the soap works, but it is very harsh on the hair. Bleaching the hair can also remove the residue of cocaine from it. To not be too noticeable he could try home dye in his own hair color. I know a woman who tried, and it worked for pot. She left the dye on for about 2 hours, but I don't know if that is necessary.





If they believe there is drug use in the home they might take the kids, or at least let you place them with a relative, but if you sent them away then you might look suspicious.





If you look at what has happened in Texas with those 400 children you will see that the state is capable of taking children with no evidence of any wrongful behavior. Once they get into your life be afraid, be very afraid.





Why would your husband use cocaine at night, doesn't it keep you awake??





The way that hair is tested is the same as a urine test. They cut some hair from the base of the neck, usually because it won't show as much. then they measure about an inch or less near the root, pulverize it, and disolve it in liquid, and from there the test is the same as urine testing. They like to use this type of test because the drug will stay in the hair until the hair grows out, unless something happens to the hair to allow the substance to be washed away.
It's hard to say. If the child was already moved because of neglect, they would be reluctant to send him back to his mother. On the other hand, I doubt they'd leave him, or any of the other children, in the same home as a drug user (even if he's quitting). Is your husband in treatment? That would probably be the single best point in favor of the children staying in the home. Otherwise, all the children may have to go to your mother-in-law for the time being. And it doesn't matter that you think that since the children were asleep, the drug use isn't as serious -- CAS doesn't care if the children were watching or not, since they'd still be at risk. I'd recommend that you not use that defense, since CAS would think you're trying to justify or minimize the severity of the drug use.

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