Saturday, April 26, 2014

If you smoked marijuana while pregnant in new york state will cps take your baby away?

Q:  If you smoked marijuana a few times throughout your pregnancy but have stopped completely before you give birth will cps take your baby away?

A:  David's Answer:  You are certainly risking having CPS filing a case against you, at the least. If the baby is born with a "pos tox," this in & of itself is not a basis to take the baby away from you, let alone filing a child neglect case. That said, if there is literally any other aggravating circumstance, CPS can theoretically use the aggravating factor as a basis to proceed with the neglect finding (if the baby is indeed born "pos tox"). Speak with a Family Law attorney in your area for more info.  -- David Bliven, Westchester Family Law attorney (

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