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 (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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