East Stroudsburg, PA asked in Family Law and Child Custody for Pennsylvania

Q: Can my daughter be taken away from me?

I have had physical custody of my daughter for almost 2 years. I'm thinking about filing for sole custody because I feel she is unsafe with her mother the one weekend a month her mother has her. I wanna bring up her mother's drug issue but im afraid they might take my daughter away from me until the case is closed. So my question is can they take my daughter away from me if her mother fails a drug test?

Related Topics:
1 Lawyer Answer
Karen Ulmer Pendergast
Karen Ulmer Pendergast
  • Divorce Lawyer
  • Langhorne, PA
  • Licensed in Pennsylvania

A: If you do not live with the mother and you do not do drugs and are a good father, there would be no reason that anyone would take your child from you. You would file for a change in custody for sole physical custody or supervised custody due to the drug issue and the court will determine whether to modify the time mother has based on whether she is doing drugs, there is evidence and she does them around the child, etc. If you think she is doing drugs around the child, you should definitely file to modify it to supervised custody.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.