Custody of children taken away because of use of marijuana

[tammiew75]

My jurisdiction is: Michigan

My friend had his 3 children taken away from him because his family reported to Child protective services that he was using and dealing marijuana. Child Protective services told him that he would never be able to see his kids again and told him his rights to the children were given up, but he didnt sign anything that he wanted to give up his rights. I was always told that the courts are in favor for the biological parents unless of course they are unfit. Other than use of pot and dealing he is a great father. He no longer uses or deals. Is there a possibility that he will be able to regain custody of his children now that he is clean and not dealing? and if so how he should go about trying to regain custody. He has given up because everyone has been telling him he wont be able to have custody of them again.

 

[Duranie]

Keep in mind you are only hearing probably half the story here. Generally when CPS takes custody of the kids there is a reunification plan put in place. Has he been in contact with the case manager? Who has the kids now? Has he attended any court hearings and been appointed an attorney? How long have the kids been in CPS care? I find it hard to believe they terminated his rights without due process unless he blew off all court orders and case plans. He needs to contact an attorney but if there is a mother here, she has a good chance of getting custody and dad needs to prove he is capable of unsupervised visitation. If he dealt pot with the kids in his care, that is probably why they were taken from him.