An coming out in new york state police found about ten grams of of pot which my eyes minor thing about third of announce which is about like this much in a bag right i have no idea when they uh. search penelope harris’s apartment in the bronx last year.
Now this amount so small that it’s not even a misdemeanor offense and prosecutors decline structure but miss harris a mother lucerne unease that were home at the time when she was in custody as she was a mother chatter her son internees at her home ok well the cops took her away.
They arrested her in end up um. character the cops reporter arrest the style estate child’s welfare hotline caseworkers came they took the kids away her son spent more than a week in foster care her niece who was a living with her as a foster child which place another home.
Uh. and not returned by the foster care in c one year over a year she had to wage eight year long over your loan lengthy child neglect inquiry she had no criminal record she never been investigate motels welfare uh. sorties itself for three ounces of pot.
Excuse me ten grams of pot not three ounces ten grams of pot she had her children taken away from her for a week and a year she was never even convicted hundreds of new york is according to the new york times have been caught with small amounts of marijuana or simply admitted to using it have become and snared in trials of all neglect cases in recent years.
Though they didn’t even face any criminal charges is according to a record of a a study of city records and defense lawyers a small number these parents in these cases been lost custody of their children this is for pot yeah large bureau director of the brooklyn fence that defend family defense project which defense most parents facing neglect charges in family court brooklyn.
Said that ninety percent of the cases alleging drug use where kids are attempted to be taken from their families ninety percent where the uh. child welfare agency does this because it drugs ninety percent of them are pot.
What is the definition of custody in New Mexico
In New Mexico, child custody is actually determined in two areas: legal custody and physical custody. Legal custody refers to the right and responsibility parents have to make decisions for their children and who is allowed to make those decisions. Physical custody speaks to whether or not the child lives primarily with one parent or with both parents, and how they share time with and responsibility for the child. The determining factor regarding what form of legal custody andor physical custody should be in place is the best interest of the child. What is legal custody? Legal custody is broken.
Down into joint legal custody and sole legal custody. It’s presumed in New Mexico the joint legal custody is in the best interest of the child or children of the marriage or relationship. Joint legal custody means that in the areas of religion, education, extracurricular activities, health care, and residence, that that child has a defined quot;status quoquot;. If one parent, or even the child in some cases, wants to make changes in one of those areas, the parents are to discuss this change and attempt to agree to this change. No change is to be made until the parents have agreed upon it.
The goal really is that all major decisions in this child’s life are made together by their parents and that there are not unilateral decisions made by one parent or the other regarding the child. With sole legal custody, or even modified joint legal custody, decisions are made by one parent or even divided between the parents. For example, in true sole legal custody, one parent would be allowed make decisions as to religion, education, extracurricular activities, health care, and residence without consulting with or getting agreement of the other parent. This is generally fairly unusual in New Mexico. It typically occurs when one parent.
Is unavailable to make those daily decisions with the other parent, or when there’s an extreme history of inability to make decisions together, sometimes in cases of domestic violence. In modified sole legal or modified joint legal custody, a court may actually order or the parents may agree it’s best if they assign decisionmaking about certain areas to one parent of the other. For example if one parent is unable to be physically present to assist in those daily decisions, the other parent may be responsible for making decisions about such things as health care, education,.
And extracurricular activities; however, they may still need to make joint decisions about residence and religion. What is physical custody? Physical custody generally means where that child resides in how they share time with each of their parents. In more traditional time sharing plans there’s typically a primarycare parent for the child who spends the majority of their time with the child. This may apply in cases with very young children. In situations where a child shares time roughly equally with both parents are often referred to as shared physical custody. At Little, GilmanTepper Batley, we view each.
Custody case as unique, because each child and each family situation are special. We’d be happy to meet with you to further discuss your custody matter.