Legal Question in Family Law in Massachusetts

Depending on the circumstances, your daughter can be removed by social services or you can file a petition for custody due to the unhealthy environment.

If the overdose is related to illegal use of drugs that is generally a good basis for removal or change in custody. If the overdose was related to an accidental taking of more than prescribed medicine, that is not likely to be sufficient. It will depend on the factual circumstances surrounding the overdose.

Likewise depending upon the age of your daughter, she may have input into whether she stays or leaves. I would be happy to recommend someone who handles custody matters to you.