Mother drug user. Father is employed no drug use. Can he get custody.

Your question is not a simple one. 2 years ago, DCPP took physical custody of a child away from the primary custodial parent because of her abuse and neglect (drug use and its impact on the child) and gave physical custody of the child to the other parent. Apparently things changed and the 2 of you began living together again - meaning the parent with the drug issue is in the house with the child and DCPP is concerned about the potential for abuse and neglect of the child as a result of same and because you are allowing her to remain in the house with the child, there is concern for your judgement. If your plan is to continue to live with the parent doing drugs, then you need to present a comprehensive plan to DCPP to show them that the child is protected from the other parent ( ie that parent is never left alone with the child) and that the other parent is in a drug treatment program and is in compliance with all of the testing obligations of the program. You will also need to show how you are taking appropriate steps to ensure the child’s safety on a day to day basis.