Tuesday, May 21, 2013

If I am in trial to get custody back for my son whom is presently in foster care is my new baby going to be taken from me

Q:  My son has been in foster care for almost three years and the department is constantly filing petitions on me no matter if they have to lie in them or tell the truth, they don't care. I am due to give birth in less than 30 days and I need to know if my new baby is going to be taken from me. There hasn't been a final decision made yet on my son who is in foster care, but the department has filed to terminate my rights and there is a suspended settlement in action.

A:  David's Answer:  On your facts, I see it as highly likely your newborn will be taken at the Hospital. That said, there are exceptions to that general rule, such as why your current child was taken in the first place as well as the progress you're showing in your programs. You should thus schedule a consultation with a Dutchess/Westchester Family Law attorney, particularly one with a good deal of experience with CPS cases. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

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