My conflict attorney has 10years experience in juvenile dependency court cases
he is senior attorney at his law firm. He reported to me that within the ten years he has never seen a judge Grant custody back to the parents with a positive toxicology. He is telling me that he will let the judge know that I do NOT deny the substance abuse but will NOT submit to allegations of neglect. I have not "voluntarily" used drugs, I am homeless and I am exposed to street drugs given my living situation. I asked for referral to a residential treatment so that I may have my children with me, according to my drug assessment I am not qualified because I do not need help with substance abuse on a daily basis. Is my attorney making judgement? Is his experience to my advantage? Is he doubting my sobriety? Ability to win this case?
Nathan’s Answer
NO attorney can guarantee an outcome but they can tell you their experience. If you have not voluntarily used drugs, but drugs are in your system, a judge may use those findings against you - this is a high hurdle best overcome by ensuring you are free of substances in your system, from any source.