How do we get full custody of a child from a mother who is a drug addict? 1 Answers as of January 27, 2012

How do we get full custody of a child? There is a joint custody order, but the mom is a drug addict. The boy is 5 and begs to not have to go with her. During a previous court hearing she has failed two drugs screens, but we were still ordered to let her have the boy. She has no home now so you don't even know where the child stays when with her. She has no car, no job, it's just a very unstable place for a 5 year old to have to go here and there not knowing where he will sleep when with her. In 3 months, she has only gotten him 12 days, so she doesn't put much effort into seeing him, but comes around to get him all upset because he has to go with her even though he doesn't want to go. I'm just unsure of what we should do to protect him from something bad happening to him when he has to go with her.

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You need to call a lawyer as soon as possible. It is unusual for someone that fails drug tests to get unsupervised parenting time with the child. If she is homeless where is the child sleeping? You need to request to suspend or supervise her visits. Since you had proof of drug use last time, and didn't get the desired result I would recommend that you get an attorney thus time around. Maybe the right issues or requests were not brought before the judge.
Answer Applies to: Indiana
Replied: 1/27/2012
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