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    bentleychris's Avatar
    bentleychris Posts: 1, Reputation: 1
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    #1

    May 28, 2007, 03:55 PM
    Can I get custody of my unborn child if the mother is taking drugs?
    I live in the state of Kentucky, and my ex-girlfriend is pregnant with my child. I know for a fact that she's taking drugs(pain pills) that are not prescribed to her. I want to know if I can get her drug tested and get custody of the child, because obvisouly she doesn't care about the child enough to stop. Please someone help me!!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 28, 2007, 05:12 PM
    Once the child is born, you can file for custody, and yes you can submit all of this into evidence.
    jillianleab's Avatar
    jillianleab Posts: 1,194, Reputation: 279
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    #3

    May 28, 2007, 06:58 PM
    I've heard from friends who have gone through the courts for custody that in general, courts don't like to take children away from their mothers. Try and gather as much evidence as you can this woman is using drugs and present it in court. Until the baby is born you may want to read up on what is acceptable evidence to present in a case such as this, or consult a lawyer to see if they are able to help you. Good luck!
    crash_4_hope's Avatar
    crash_4_hope Posts: 5, Reputation: 1
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    #4

    May 30, 2007, 07:06 PM
    This stuff is all good, but if she doesn't care about the baby is there anyway to help protect it?
    jillianleab's Avatar
    jillianleab Posts: 1,194, Reputation: 279
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    #5

    May 30, 2007, 09:25 PM
    What do you expect someone to do? Should she be put in jail with no access to drugs/alcohol until she delivers? It's very hard to force someone to take care of an unborn child. Even if you could plead an effective case in court, I don't know what they would do. I understand your concern for your unborn child, but sadly, I think you will have to wait until it is born to have an impact. Maybe someone with more legal experience than I have will have an alternate idea for you.
    berrysweetncgurl's Avatar
    berrysweetncgurl Posts: 166, Reputation: 19
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    #6

    May 30, 2007, 09:41 PM
    If she is pregnant isn't she having to give urine samples every time she goes to the doctor for her prenatal check ups? This will definitely be the proof you need!
    1badchoice's Avatar
    1badchoice Posts: 227, Reputation: 45
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    #7

    May 30, 2007, 10:02 PM
    This is a free country. That said... she has a right to do whatever she wants, within reason, while pregnant. It is extremely rare that you could stop her behavior while pregnant. Talk to her OB. Just because she gives a urine sample does not mean they do testing of that nature. They are actually looking for pregnancy complications. Most of these tests are done in the dr office and urine sample is discarded. Try to get her help now. Involve her doctor, family, friends, whoever you can. Even with some evidence, it will be very hard to get custody of a newborn as she is not doing street drugs and most judges give a bit of latitude. You should still get as much proof as you can. Show HOW your being a good dad. And that you tried even while she was pregnant. Your looking at an uphill battle but it is possible. Good luck. Cathy

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