View Full Version : Regaining custody
Juliaevans95
Jan 19, 2009, 09:54 PM
I am 40 years old and have admittedly been addicted to cocain since the age of 15. I have 6 children ages 21, 19, 16, 5, 4, and 2. My three younger children were taken from me in the hospital right after they were born. I have lost custody oaf them. I have never tried to excuse, down-play, or justify any aspect of my addiction to anyone. My three older children have recently come back into my life and for the first time in years I truly feel that I will prevail in my fight with my addiction. Though I had a case worker I have never been , in my opinion given any insight knowledge or tool with which to aid me in my fight. In short I would like to know if it is possible for either myself or my 21 year old daughter to gain custody of them?
stevetcg
Jan 20, 2009, 12:48 PM
A lot is going to be determined by your case. Were your rights removed by the court? Do you maintain rights but was custody and visitation removed? Do you know where they are and their status (are they in foster care, family care, etc)
Synnen
Jan 20, 2009, 01:17 PM
A lot is going to depend on how long you've been CLEAN, as well.
If you aren't clean, the court isn't necessarily going to see giving custody to your daughter (who will allow you to see the other children) as being in the best interest of the younger children.
shamika
Jan 20, 2009, 04:06 PM
Yes!! I gained custody of my brother's and sister's at age 18 in (Georgia), My mom was on drugs very bad for many years. I went through the dept. of family and children services and they assigned me guardianship until my mom was well. When she was tired of using I helped her for 3 years to stay sober. Once she did I went to family court, I think it was probate court and spoke on her behalf the judge figured If I had them 8 years and spoke up for my mom then she must have changed. They signed custody over to her temporarily for 1 year after that they gave her a place with hud assistance for all my brother and sister's.Yes you can give your 21 year old child guardianship or she can speak up and help you. It'll work in your favor. GOOD LUCK
Fr_Chuck
Jan 20, 2009, 05:34 PM
Good Luck, tough call on the luck, since how are the kids doing who are they with, also you lost custody, so what custody was given to the people who have them, temp or full, in foster care adopted or merely custody by a family member
And how long have you been clean, ( if you are completely clean) I am fairly sure they will want to see you clean for at least a year, to be working and doing other things that the courts may want to see in your area
startover22
Jan 21, 2009, 08:46 AM
Wait a minute here... Your youngest three are 2, 4, and 5... they have been with someone since they were born, and just because you think you are ready to be a mom finally, you want to take them away from their life?
I know that sounds harsh, but have you thought about that aspect... what is better for the kids, and all the what if's? I commend you to be ready, I really do. There is nothing better than a good mom being able to be with her kids. On the other hand, are you completely clean? Do you work to support three kids?
Normally they give you a year after the kids are born to get your business together. But it has been 2, 4, and 5 years.. Are they adopted, or in foster care? Do you have regular visits? Do you get to be in any part of their lives, or were they just taken and never seen by you again since they were born?
I do wish you luck. I am very very happy you are feeling strength and courage to become a better mom. This is only my opinion, and I am so sorry if I hurt your feeling in any way, I just really like to think about the kids before any decisions are made.
To answer your question finally, you will definitely need a lawyer to handle this hard case. You do not want to be unprepared, or you will have no chance what so ever. You want to look like you have everything under control and that you have been clean. The kids automatically have a lawyer to protect them, so whatever you have done in the past (ANYTHING) will be held against you in this case. That is why you need a great lawyer yourself. Good luck!