Divorce
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Domestic Abuse

If I go to the hospital and have my new born,no drugs in my system nor the baby,but I have an open case can they take the baby?

Q: I had a mental black out, I drank till I blanked out and didn’t know where I was at, I left my daughter in the house and was suppose to be going to the store and coming right back, that never happened I ended up at the precinct and then to the mental clinic in the hospital.my daughter has been in care for almost 2yrs.i comply with everything, drug test, my therapist, taking my meds, visitation is only once a week for 2hrs, my daughter keeps changing her mind, one minute she wants to come home, then the next time she doesn’t want to come home, it’s back and forth with that. the judge is not trying to move this case forward, i am being discriminated against, my lawyer I feel is not fighting enough or know the rights with dealing with this type of situation, my heart is killing me trying to stay strong and now I think I might be pregnant and I wouldn’t want to kill the baby if I am, but I don’t want cps to take my baby away either, this pregnancy was Not planned, so if I had to kill this baby to keep it away from cps I will. but would they or could they take my new baby from me? If I’m doing good? If I go to the hospital and there is no drugs in either one of our bodies could they take my baby?

A: David’s Answer: First and foremost, it should suffice it to say but if you kill your child, you’ll never get the other one back and will be lucky to only spend the next 25 years in jail. That said, the fact that one child is in remand status is a big factor – though not sole factor – in determining whether a newborn should also be remanded. If your present lawyer isn’t working for you, ask to be assigned to another one. You may otherwise call a Bronx Child Abuse defense attorney to schedule a consult.

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