Riverview, FL asked in Family Law and Child Custody for Florida

Q: Will DCF automatically take custody of newborn at hospital if meconium testing comes up positive for oxycodone?

One 20mg pill taken during her whole pregnancy so not even sure it would show up in meconium. Old RX so does not have bottle can't prove it was prescribed. If they try to take baby from mother, would the husband be able to keep the baby? Does not do drugs and gets random testing all the time due to work field. He is on depression medicine though (RX'D) (not sure if that would pose an issue to a DCF worker?) Is there anything that could be done ahead of time to prevent the removal? TY for your time!

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2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Lawyers are very intelligent and highly trained--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe and unable to opine on your current dilemma. Pray.

Henry George Ferro
Henry George Ferro
Answered
  • Divorce Lawyer
  • Ocala, FL
  • Licensed in Florida

A: You have reason for concern...DCF has tendency to take action in these kind of cases...you should contact a lawyer and track down the medication involved and how it ended up in the mother’s system...mother should also look into some counseling regarding drug abuse ASAP; and for god’s sake DO NOT TAKE ANYMORE MEDS WITHOUT A DOCTOR’S ORDERS.

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