Legal Question in Family Law in California

Good evening, my daughter was recently born on 11-29 of this year.. I am concernd because my daughter had to stay in the nicu and be tapperd off of methadone due to the mothers addiction. My daughter Jordyn is doing great now, but the mother is still on methadone and is making it very hard for me to visit with my daughter..Will constantly make plans for me to see her and back out last minute...and has been real up and down lately...Relatives have told me that I should call cps due to the methadone...I am unsure if thats the right way to go and would like a second opinion, i plan on filing court papers promptly for visitation/custody..


Asked on 1/07/11, 8:54 pm

2 Answers from Attorneys
Tina Chen Law Office of Tina Chen

You can call CPS and make a report. Also, you need to file a paternity action (if you never married the mother) and a divorce action (if you were married). Also file an Ex Parte Order to Show Cause regarding custody and visitation. This means you give one day notice to the mother and you will be in court the next morning. Make sure you tell the court that your daughter was born addicted to methadone and that the mother is still using methadone. Good Luck.

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Answered on 1/13/11, 1:31 pm
Anthony Roach Law Office of Anthony A. Roach

I'm surprised the hospital did not call CPS when she was in NICU.

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Answered on 1/13/11, 3:23 pm


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