Legal Question in Family Law in Tennessee
legal guardian has drug related problems
A male friend of mine was recently divorced. They have a 3 year old child together. She has an older daughter with another man that is not in the picture. Her oldest daughter was legally taken from her when the child was about 4 yrs. old by her parents. She supposedly cleaned herself up and he helped her get the oldest daughter back. But the father recently learned that she was having the same problems with cocaine again (she has legal custody of both children now). The only problem is that he has a minor drug charge (marijuana). That was 2 years ago and he has since cleaned himself up through a probationary period and drug testing. My questions are: Would he be able to get full custody of one or both children even though he has a minor drug charge? What would happen to the oldest daughter that's not his if she were to lose custody of them? Would he be able to get a court order to have her drug tested? What would happen if she failed/passed the test? Would he lose his weekends with the 3 yr. old if she did pass? And would she have a certain amount of time to clean herself up if there was a court ordered drug testing? Please, if you can answer any, or all of the questions above I would really appreciate it.
JADE
2 Answers from Attorneys
Re: legal guardian has drug related problems
Your boyfriend can petition for custody of his daughter, assuming he would present a drug-free test result at present. You ask about 10 questions. I can answer these, but it will take time. If you wish to pay $30 for my time, I will answer your questions by phone or e-mail.
Re: legal guardian has drug related problems
Little is certain in such cases, and your questions seemingly ask for or hope for answers that are clear and certain. If you check my website at jesbeard.com, you will find links that explain the factors that are considered in custody decisions, and cases that involve a change of custody.
To address your questions:
Would he be able to get full custody of one or both children even though he has a minor drug charge? Possibly -- it would depend on all the rest of the evidence, but the drug charge would not rule him out. What would happen to the oldest daughter that's not his if she were to lose custody of them? The child could go to him, or could go to that child's father, or could go to state custody. Would he be able to get a court order to have her drug tested? Possibly -- he could ask for it. What would happen if she failed/passed the test? It would depend on the rest of the evidence and the judge's attitude. Would he lose his weekends with the 3 yr. old if she did pass? No reason he would lose his time with the child if the mother passed a drug screen. And would she have a certain amount of time to clean herself up if there was a court ordered drug testing? Depends -- the court COULD do that, or could order a change of custody or could leave the child right where she is.
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