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
Answered
  • 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.

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.