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Mother loses children to drugs and tries to give them to anyone but the dad?

A close member of my family has a child with a woman ( who had/has custody) but the mother has been put under watch by the courts for drug use and the children can't live with her now.

She is trying to give the children to the Father's brother, the father's brothers wife's sister, etc....anyone but the father.

Can she do this? I mean there was no abuse to the children by him, doesn't he have the RIGHT to his children? or can she now just choose where to send the kids?

This is in Washington state, and imho it's total bs. Apparently he has some sort of interview over the phone, but there is absolutely no history to have him be suspect in any way shape or form and I feel the only ethicalh thing would be to send the children to the father no questions asked whatsoever.

I have been googling and goooling but I can't seem to find what the rights of the non-custodial parent are after the custodial parent has had their custodial rights revoked.

TIA I appreciate any light anyone could shed on the rights he has.

Update:

His rights were never taken away....she just had custody, but the school system reported her for being on drugs and the courts decided that the children will be removed and she will get a drug eval and go on urine testing.

However she has been contacting all these other people (including the father's brother) to take the children.

SHE NEVER INFORMED HIM OF THE CUSTODY REVOCATION. It was a really random set of circumstances that we found out what was going on, and we informed the father (Who needless to say is up in arms over the matter).

It seems that if there were no history of abuse or neglect from him that HE WOULD HAVE 100% RIGHT TO TAKE THE CHILDREN ...regardless of her desires to not let him have them??? I think it's reprehensible that he will have to get interrogated by the 'MAN' and have them evaluate what they 'feel' is best for the child. The only ethical thing would be that the other parent automatically has custodial rights in case of death or custodial revocation

3 Answers

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  • 1 decade ago
    Favorite Answer

    Hopefully, this court has a CASA program, and they will appoint someone to investigate the child's situation and decide who the best person the child should stay with based on the child's best interests. I don't think the court will make a decision based on the mother's interests or the father's interests, but the child's interests.

    Just be patient. These things don't get resolved overnight. If the father is as spotless as you say, the court will find out, and since he is the closest of kin, I would think he would have priority. There will be no interrogation, just a talk. Just because one has a conversation with a "government" worker, doesn't mean it's an interrogation. Social workers, too, work in the public sector. CASA's are volunteers, by the way, and they do their work without pay.

  • 1 decade ago

    If his rights were taken away then theres a reason for it.. he can go to court and try to get his children back but other then that someone else can take them if they are given permission by the court, but if no one wants them they can go into foster care until everything is organized..

  • 1 decade ago

    maybe when they were filing for custody the father probably sign somewhere that he didn't want the kid no matter what so i guess that's why. i have a cousin that did that so i'm just saying.

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