If children are taken away from a parent and that parent has another child, does that kid automatically get taken away?

Question

So my sister is dating a guy who had his daughter taken away from him 8 years ago because the guy tried to kill himself three times.  The kid now lives with his grandparents and the grandparents have to be present when the son sees his child.  My sister, who has been in and out of mental institutions the last two years, is now pregnant with this guy's kid.  They live together and neither have jobs.

My questions are, 1). Is there automatically a child protective service issue since this guy has had a child taken away before and 2). If there isn't an automatic issue, if the grandparents try to take the new kid away because they believe there son is still unstable, will the courts be able to pull my sister's medical history to prove her mental issues?

Sam · Answer

Typically if the parents had their right forcibly taken they will automatically pull kids for 3 years OR if the infant test positive at birth for drugs.

Beyond that timeline the court would need proof that they are a danger to the baby. Whatever happened to the other child wouldn't matter as they need proof of immediate danger to this kid.

In short...no they will not pull the child at birth. if the grandparents kick up a stink they may step in & make sure everything looks normal...baby has food, crib ect. But then it would be dropped.

Anonymous · Answer

It is possible. I think it depends on the law where you live, but some people will have any other kids automatically removed unless they can prove they have changed (like with mental health issues and everything). Your sister will make it more likely if they do try to remove their baby. But again, it would depend on where you live.

Anonymous · Answer

I agree with the first answer.

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If children are taken away from a parent and that parent has another child, does that kid automatically get taken away?

3 Answers