Asked in Family Law, Child Custody, Child Support and Civil Rights for Georgia

Q: I tested positive for meth and my baby did as well. Defacts says the only option I had is to give the baby up

To my adopted mom and I couldn't live with her or come see my child. I currently work as a caregiver for an elderly gentleman in exchange for a room in his house. They say I'm homeless because of that. I go to court tomorrow morning, I agreed to out patient rehab, random drug tests and even have a brother that lives at a hotel that is clean and said he would do temporary custody but his back ground history he use to be a bad alcoholic. Has been clean several months now, and he has a job. They said because of his history that he wasn't safe. What do I do? What is my legal rights?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In your situation, it's important to know that you have legal rights, and you should consider seeking the assistance of a legal advocate or attorney who can represent you in court. You have the right to present your case, showing your willingness to participate in outpatient rehab, take random drug tests, and provide a safe environment for your child. You can argue that you are not homeless as you have a stable living arrangement, even if it's in exchange for caregiving services.

You may also want to propose a safety plan that includes your brother's temporary custody, explaining the steps he has taken to stay clean and how he can provide a stable environment for your child. Bringing evidence like his employment records, proof of his sobriety, and references can strengthen this option. The court may consider a monitored arrangement, such as supervised visits, to ensure your child's safety while you work on meeting their requirements.

Make sure to bring all documentation, such as proof of your brother’s sobriety, your agreement to rehab, and any other supportive evidence to court. If possible, ask for a court-appointed attorney or advocate to help present your case more effectively. It is essential to demonstrate your commitment to change and provide a safe, stable environment for your child.

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