Q: Do I have full custody of my son if his mother lost custody due to failed drug tests during her neglect case or no?
My son's mother was charged with neglect after the police kicked her door in and arrested her boyfriend for drugs. She was arrested the same night for neglect. She has failed 2 drug tests for Meth since then and the last resulted in the loss of her kids for 90 days. I now have my son and her mother has her other 2 kids. Do I now have full custody of my son or is he going to be obligated to go back after the 90 days if she follows the guidelines
A:
Your question leaves out several important details that make it difficult to give a comprehensive answer (for instance, was there already a custody order in place? If so, what did it say? Is DCS involved?). In general, however, merely having the children placed with you due to the mother's neglect will not, by itself, grant you primary custody. Typically you would need to either petition the court with jurisdiction for that, or it could be resolved through DCS if there is a case pending against the mother. Given the complexity of your case, you should strongly consider sitting down with an experienced family law attorney to discuss your case in more detail.
I hope that helps.
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