Legal Question in Family Law in California
If a mother and father share joint custody of their child, can the parental rights be taken away from the parent that has current drug charges against them and is on probation for narcotics?
4 Answers from Attorneys
Hard question. That is definitely one of many things that the court would consider if you asked the court to modify the order. But, it is a strong reason for the court to consider modifying the order.
Maybe my bigger concern is with the question about "taking away the rights" of someone. As case law states, actually it is the right of the child to have a relationship with their parents. Incredible as it may sound, the courts are reluctant to take away the rights of another parent. The courts may severely limit a person's rights without completely taking away those rights. One exception to this is in the case of an adoption.
I know that this was more than you expected, but I hope it helps.
The court may restrict contact between father and the child and allow visitation only on the condition that father actively participate in sobriety programs to deal with his drug use. The court can also impose random drug testing to ensure sobriety.