• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

pregnant & using drugs and alcohol

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mabrown1994

Junior Member
What is the name of your state (only U.S. law)? Colorado
My brother's girlfriend is five months pregnant. She is using drugs and alcohol. What can he do?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Colorado
My brother's girlfriend is five months pregnant. She is using drugs and alcohol. What can he do?
Not only what mwarren said, but also your brother won't have any rights until after the baby has been born and he petitions to establish paternity (along with custody/visitation).

Of course if the baby tests positive for anything after the birth your brother (assuming that he is actually the father) might have a little more leverage where custody is concerned.

(fwiw drinking while pregnant isn't illegal)
 

mabrown1994

Junior Member
that's clever advice... "He has not rights". It's of NO use to me. Try giving me some intelligent advice. Maybe you could try thinking about the innocent baby that is involved in this situation.
 

Proserpina

Senior Member
that's clever advice... "He has not rights". It's of NO use to me. Try giving me some intelligent advice. Maybe you could try thinking about the innocent baby that is involved in this situation.
Uh...you got legal advice.

Your brother has no rights to this child until a) the child is born, and b) he files to establish paternity.

None. At all. Even if.

If your brother wanted more rights to the child he should've married the mother.
 

CourtClerk

Senior Member
that's clever advice... "He has not rights". It's of NO use to me. Try giving me some intelligent advice. Maybe you could try thinking about the innocent baby that is involved in this situation.
Excuse me???? Intelligent advice or advice you wanted to hear? Since the two of them are separated by an "or" you can see that they are on two different spectrums.

Fact: your brother CHOSE this chick as the mother of his (potential) child

Fact: your brother CHOSE not to make a baby inside the confines of a marriage

Fact: Seeing as if the two of the above facts are true, YOUR BROTHER has no legal rights to this child until a court of competent jurisdiction GIVES him rights.

Fact: None of this is ANY of your business in the first place.
 

mabrown1994

Junior Member
Legal advice. That's what you are calling what you've told me? "He has no rights", is a statement, made by you, reflecting your own personal opinion about my brother and his girlfriend.
 

Proserpina

Senior Member
Legal advice. That's what you are calling what you've told me? "He has no rights", is a statement, made by you, reflecting your own personal opinion about my brother and his girlfriend.
Are you misreading something?

"He has no rights" is the correct LEGAL answer.

End of story.
 

stealth2

Under the Radar Member
Legal advice. That's what you are calling what you've told me? "He has no rights", is a statement, made by you, reflecting your own personal opinion about my brother and his girlfriend.
It would appear that you have little understanding of how this all works. From a legal OR a biological perspective.

Everyone KNOWS who the mother of the child is, because she is the one who carries the child and gives birth to him/her. However, because said mother could have had multiple partners (and being realistic, if she's as bad as you claim, the likelihood is that she did), it is impossible to state unequivocally that a particular partner (i.e. your brother) is the father w/o DNA testing.

IF they had been married, the law presumes that your brother would be the dad. Because they were NOT, the child has only one parent until the court establishes who the father is. Until the court establishes that your brother is, actually, the biological father (via DNA testing), your brother has no rights. None at all.
 

cyjeff

Senior Member
Maybe if I state it in another way.

Until the child is born, the law believes that anyone (including me) could be the father.

Therefore, no individual man has the authority over the baby until the baby is born and DNA testing is performed to confirm paternity.

Until that moment when a court says "You are the father", your friend is a legal stranger to the baby and to the baby's mother. Legal strangers have zero control over the situation.

None. Not even a little. Even if. The mother could get an abortion and your friend could do nothing.

The only thing that could be possibly done would be to call the police during a time when the mother is known to be in possession of illegal substances.
 

mabrown1994

Junior Member
Call the police if she's in possesion of an illegal substance, that's something he can do (which answers the question "what can he do"?)!

I did not post a question here to find out if my brother has "rights" to the baby or not. I know that he doesn't, we don't even know if it's his baby for sure, DNA will have to prove that.

Doesn't the unborn baby have rights at any point during gestation. She obviously has decided not to abort, so wouldn't drinking and using drugs be considered endangering the life of a child/child abuse?
 

You Are Guilty

Senior Member
Let's try looking at this in a different light. As soon as the baby is born with FAS and a positive drug screen, CPS will be taking it away from mommy. So at least your brother has that going for him.
 

Proserpina

Senior Member
Call the police if she's in possesion of an illegal substance, that's something he can do (which answers the question "what can he do"?)!

I did not post a question here to find out if my brother has "rights" to the baby or not. I know that he doesn't, we don't even know if it's his baby for sure, DNA will have to prove that.

Doesn't the unborn baby have rights at any point during gestation. She obviously has decided not to abort, so wouldn't drinking and using drugs be considered endangering the life of a child/child abuse?
In a nutshell, no. At least, none which can be policed before birth (in Colorado).

There may be one or two (unusual) legal issues relating to Colorado and fetal rights, but quite honestly your unwarranted rudeness isn't exactly winning you points here. Feel free to pay an attorney who might be able to tell you all about it.
 

stealth2

Under the Radar Member
Call the police if she's in possesion of an illegal substance, that's something he can do (which answers the question "what can he do"?)!

I did not post a question here to find out if my brother has "rights" to the baby or not. I know that he doesn't, we don't even know if it's his baby for sure, DNA will have to prove that.

Doesn't the unborn baby have rights at any point during gestation. She obviously has decided not to abort, so wouldn't drinking and using drugs be considered endangering the life of a child/child abuse?
About all he can do is contact CPS.

You're welcome.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top