[Shanna Carrie]

My 35 year old step son and his 26 year old girlfriend had a baby girl on April 19, 2012. The baby and mom both tested positive for opiates, and my step son is a habitual drug user who has Hepititis C from using dirty needles. The baby is still in NICU (today is August 1) and has been there since birth. The parents are now going to a methadone clinic, but they can't seem to get to the hospital regularly. My step son lives with his mother and her husband. DHR drug tested the household, he passed because he was only on methadone, his mom failed and her husband refused to take the test. His girlfriend has a 3 year old son that was taken away from her because she was putting NyQuil in the baby's bottle. She doesn't seem interested in gaining custody of this baby either. My step son has no job, no car, and no place of his own to live. We have offered to pay for him to get into a rehab program, but he refuses. In his mind, he isn't on drugs because he has a prescription for methadone. My husband and I have petitioned the court for emergency custody, but the hearing isn't until November 5. We all live in Birmingham, AL. We have met with DHR and they are supposed to be coming soon to do a home evaluation, but they haven't yet. The baby's mom has a cousin who has agreed to take the baby until the custody hearing in November. What are the odds DHR will send the baby home with a mother's cousin rather than her paternal grandparents? (DNA testing confirms my step son is the father). And will the courts allow my step son to have custody considering he has no job, no car (she will require special medical attention), and no place but his mother's house to live; and she failed the drug test? My husband and I are so worried about this innocent baby and what will happen to her if she is raised in that environment.

[AK lawyer]

... What are the odds DHR will send the baby home with a mother's cousin rather than her paternal grandparents? ... And will the courts allow my step son to have custody considering he has no job, no car (she will require special medical attention), and no place but his mother's house to live; and she failed the drug test? My husband and I are so worried about this innocent baby and what will happen to her if she is raised in that environment.

Is this a rhetorical question? Everything you write suggests that you have a very good case. The only thing you haven't discussed is the cousin. Is there anything you can prove to suggest that this cousin wouldn't provide a good home for the child?

I'm also curious as to why the child is being placed with the cousin rather than you pending the hearing. I would ask this of the DHR.

[J_9]

I don't see that the baby is actually being placed with the cousin, but rather that the cousin who has stepped up to try to get custody.

To the OP... is there a guardian ad liteum assigned to this baby?

With your step-son not having any stability I don't see him getting any form of custody.

Most likely, this baby has been issued a CASA (Court Appointed Special Advocate). I suggest you contact your local chapter at 500 Office Park Drive, Suite 202 • Birmingham, AL 35223 • Tel: (205) 833-1135 to seek guidance in getting custody.