Who is likely to get custody of a baby in this situation?

Full question:

A mother has a child abuse charge from having marijuana in her system at the time of delivery, and the father has domestic violence charges from beating up his wife. They both want custody of the 2 month old baby. They are not divorced yet. Neither have a job. The baby is allergic to many things and must be on special formula. Who would most likely get custody of the baby? How complicated could this get?

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: Colorado

Answer:

Custody disputes can be complex and may take time, depending on how cooperative both parties are and the specific circumstances involved. Given the mother's child abuse charge related to marijuana use during delivery and the father's domestic violence charges, both parents face significant challenges in obtaining custody. The baby's special needs, including allergies and reliance on a specific formula, will also be a critical factor in custody decisions. It is advisable to consult a local attorney who can review all relevant documents and facts to provide tailored guidance.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, a parent can lose custody due to drug use, especially if it poses a risk to the child's safety and well-being. Courts assess the impact of drug use on parenting abilities and the child's needs. In cases involving substance abuse, the court may require evidence of rehabilitation or treatment before considering custody arrangements.