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Who gets custody when mother has been physically abusive and father has failed a drug test?

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Question - (23 December 2009) 5 Answers - (Newest, 23 December 2009)
A female United States age 30-35, anonymous writes:

my brother is having domestic issues

hes divorced

his son lived with their mother

and the teacher just reported marks over his body to the police

shes arrested

the father failed drug test over pot

the son reported that his mom and his moms mom and her bf hit him etc

the moms mom is fighting for custody

yet my brothers grandparents are fighting too

who wins? does anyone know the law?

they're in fostor care right now?

i hope it will be over for christmas and the son can celebrate christmas with his family

help advice much appriciated

is is true my bro might not get custody because hes been in jail before?

View related questions: christmas, divorce, in jail

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A male reader, Griffo Australia +, writes (23 December 2009):

Griffo agony auntIn reference to your question. in this case it depends on the laws of your country. But im pretty certian in most countries, in this case the child will likley be taken away from both of them. because:

1) A child should not be brought up in a violent environment especially from the parents.

2) The child should not be brought up in an environment where one of the parents are taking "illegal" drugs.

The court would likley see that both parents are not providing an apporopriate envirnment for a person, yes a "human being" not capable of making decisions themselves. In an envirnment where the child is too young to be allowed to make those decisions him/her self, the courts usually make that decision for the childs benifit and up bringing.

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A reader, anonymous, writes (23 December 2009):

Unfortunately the courts generally favour the mother in all this, and taking a child away is the last thing they want to do.

The mother will get supervised custody and will have to attend anger management or counselling, because the father has a criminal record and failed a drug test, Americans are very strict about drug use to the point where even beating your child carries a lesser sentence depending on which state you live in.

Ireland is pretty much the same except that smoking pot would not be good grounds for judging someones suitability as a parent here, I've had a few friends go through custody battles and they all smoke pot regularly none of them have had their pot smoking be used against them because they have good jobs and clean records and smoking pot is not a big deal here, I even have Gardaí (police) friends here that smoke it.

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A male reader, CaringGuy United Kingdom +, writes (23 December 2009):

They will probably be taken into foster care. Speak to a lawyer or something and see if they can help.

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A female reader, Good Girl United States +, writes (23 December 2009):

Good Girl agony auntGo to your state's judicial website and look under the themes of child's best interests and also custody rights. As the poster below says it will depend on his age. I pray that he is able to come home for Christmas and remain safe from abuse from here on out. Good luck and blessings.

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A female reader, Angzw Zimbabwe +, writes (23 December 2009):

how old is the boy?

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