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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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If the mother of a child tests positive for heroin what are

Resolved Question:

If the mother of a child tests positive for heroin what are the chances of the father getting full custody? Thanks
Ps he will test clean
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and what are the circumstances?
Clare
Customer: replied 2 years ago.
Hi, thanks for getting back to me. The child is 2 months old and the parents have split. They were not married. The mother has had one previous caution for abusing a previous spouse but no arrest.
Thanks
Expert:  Clare replied 2 years ago.
Hi
Where is the child now - and have Social Services been involved?
Clare
Customer: replied 2 years ago.
No social services involved. The child is with the mother in a shared house. Thanks
Customer: replied 2 years ago.
No court case has been filed yet but we'd like to be fore armed
Expert:  Clare replied 2 years ago.
Hi
Why is the mother being tested?
Clare
Customer: replied 2 years ago.
She isn't but the father will volunteer in court in the hope she will either decline or test positive. He's aware the courts often favour the mother in the uk so wants some collateral
Expert:  Clare replied 2 years ago.
Hi
Who has had the day to day care of the child until now and where is the child at the moment?
Clare
Customer: replied 2 years ago.
Both parents have been caring for the child. Since the split the mother has had care. The child is with the mother in a shared house. Thanks
Expert:  Clare replied 2 years ago.
Hi
What contact is the father having?
Have they discussed matters using mediation yet?
Clare
Customer: replied 2 years ago.
No mediation. The father has contact but the mother makes it difficult for him
Expert:  Clare replied 2 years ago.
Hi
How often does he have contact and what has he asked for?
Clare
Customer: replied 2 years ago.
The father sees the child around one day a week but would prefer full custody as the mother has issues with drugs and domestic violence.
Customer: replied 2 years ago.
It's worth mentioning the mother is very unlikely or agree to this
Expert:  Clare replied 2 years ago.
Hi
I understand that
How long have they been separated and has he actually attended a Mediation Information and Assessment meeting?
Clare
Customer: replied 2 years ago.
They've been separated since just after the birth. He hasn't attended a mediation assessment.
Expert:  Clare replied 2 years ago.
Hi
So what contact has he regularly had since the child was born?
Does he have any concerns over her actual care of the baby?
Clare
Customer: replied 2 years ago.
Yes. The child is in a shared home with chain smokers. Some of them are family but they let rooms meaning strangers are in and out of the house. On top of that the drug use is not a suitable environment for a child to be brought up. Whilst social services are not involved he is seriously considering calling them but is concerned about the child ending up in care. Thanks
Expert:  Clare replied 2 years ago.
Hi
The starting point I'd for him to try and discuss his concers with the mother of the child using family mediation (www.familymediationehlpline.co.uk) to agree a parenting plan to include ra regular contact plan and agreements about the exposure if the child to smoke ( of any sort)
If no agreement can be reached then he needs to apply to the court for a new Child arrangement order setting out what time he spends with the child.
Within that application he can raise the concerns that he has about the mother's lifestyle and it's impact on the child.
In addition assuming that he is named on the birth certificate then he can speak to the health Visitor and raise his concerns.
Previous drug abuse will not necessarily mean that the child is removed from the mother' scare but it will of course strengthen the father's case.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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