Louisville, KY asked in Child Custody, Family Law and Appeals / Appellate Law for Kentucky

Q: Should I file for a return of custody

Our child was taken by my mother on September 29th to the courts to file an emergency custody order stating domestic violence allegations and drug use in front of the child. The argument she was claiming the child was around domestic violence was no where near where her or the child were at and also did not escalate beyond a small disagreement nor did it turn physical, and we did fail our first drug test (for marijuana that was never used around the child) but our case has now been postponed until the 9th of January we are still required supervision and have yet to have a CPS worker do a home visit or a case plan. The child has never been subjected to harm of any kind by her mother or myself. At our most recent court date we were ordered another drug test which we both tested negative for everything. The CPS worker finally contacted us for the first time yesterday to inform us we now had mandatory random drug acreens.

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Divorce Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: You’d better take it slow and work the progression. If everything you say is true, the child will probably ultimately be returned to you.

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