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?
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.
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