Phoenix, AZ asked in Family Law for Arizona

Q: If I’m an addict still using and the father never used can dad take baby home

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Arizona

A: I presume you and the baby were tested if you delivered in a medical facility. If the baby tested positive, it is likely that CPS will take action against you. Depending on how chronic your dependence is, your parental rights could be terminated. There will be a legal process and you will have the opportunity to explain why you should retain your parental rights, but you will need to get clean. If you continue to use, you will probably lose your rights.

To answer your question, CPS will likely bar you from taking the baby home and if the father is listed on the birth certificate, he likely can and will take the baby home.

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