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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101006
Experience:  Lawyer
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I am currently expecting my third child and my first 2 were

Customer Question

I am currently expecting my third child and my first 2 were taken at birth from cps due to instability on my part (Not having my own place or income). I have been in a stable home for 3 months now, with a stable income, a healthy relationship and I've been having regular visits with my youngest 4 times a week providing everything for her for almost 4 months now. I am going to court for a guardianship trial in April but also expecting my baby in April. I need to know what I can do to stop my social worker from taking my baby as the concerns for tmaking my other 2 are no longer concerns anymore
JA: Since laws vary from place to place, what state is this in?
Customer: Canada, NB
JA: Have you talked to a lawyer yet?
Customer: No, I have tried to yet I've had no luck
JA: Anything else you want the lawyer to know before I connect you?
Customer: Also note that the social worker is only bringing up a concern of me getting frustrated and overwhelmed at times and acts like its a huge reason to with hold my child although I have never done anything to give her reason to be concerned for my childs safety
Submitted: 8 months ago.
Category: Canada Law
Expert:  Debra replied 8 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Customer: replied 8 months ago.
Ok thank you
Expert:  Debra replied 8 months ago.

Do you have a lawyer acting for you for the April hearing?

Has the social worker said they are going to apprehend the baby?

Customer: replied 8 months ago.
I have a lawyer however she is very hard to reach and takes forever to return calls an emails. I just couldn't wait for an answer any longer. The social worker hasn't said they will for sure however when I ask she will not give me an answer. The only thing she says is the department has concerns however the only concern she ever discuss's with me is me getting overwhelmed and frustrated at times
Expert:  Debra replied 8 months ago.

Are they going to try and terminate your rights to the other two children in April?

Customer: replied 8 months ago.
My oldest lives with family and its already been determined that I am allowed supervised access to him however child protection is trying to put my daughter for adoption in April
Customer: replied 8 months ago.
However, they really don't have any grounds to do so whereas I have support workers who supervise most of my access saying that my daughter is in no danger when she is with me and that they don't see why the social worker is acting like me being unsupervised with my daughter would put her in any harms way
Expert:  Debra replied 8 months ago.

So it is not likely that they are going to want you to keep this baby if they feel that you can only have supervised access to one child and want to place the other for adoption.

You and your lawyer will need to prepare for the fact that they are going to apprehend the baby and be ready to act.

If there is a father who is involved that will help as will having a lot of family support. If you are living with the father that will go along way if they are not concerned about him.

So make an appointment with your lawyer for as soon as possible for after the holidays and make it clear to your lawyer that you want her to assist you in setting things up so that the social worker sees that this child will be safe with you.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 8 months ago.
But you see, they have already started slowly giving me unsupervised time with her because of the support workers telling the social worker that she is in no danger with me. There has also not been a single thing happen during unsupervised time to raise any concerns. And yes, I am with the baby's father. They don't have concerns with him as far as I know. All they have ever said about himwas that they are glad he is here for me and especially in the times I have gotten overwhlemed
Customer: replied 8 months ago.
I don't understand how they could legally remove my baby at birth if I have proved that their concerns of instability and lack of support are no longer concerns anymore. Don't I have any rights in this situation?
Expert:  Debra replied 8 months ago.

I understand but they are trying to put your daughter up for adoption so they are not satisfied with your parenting.

And for this reason it is vital that your lawyer work with you and perhaps them to put everything in place to satisfy them that this time it may work out.

It is not about your rights but that of the child.

They can legally remove the baby if they think the child is in need of protection.

I have explained what you need to do and I suggest you ensure you see your lawyer very soon so that all the supports are in place by the time the child is born.

Customer: replied 8 months ago.
It has also been awhile since they decided they wanted to put her for adoption. My daughter comes here 4 times a week, she is very happy here and excited to see me and my boyfriend. Plus, she never wants to leave, she gets cranky when its time to g. If they have no proof that I neglect or abuse her in any way, and support workers are also telling the social worker there is no harm or danger to my child, how do they have the right to with hold her or apprehend my unborn baby?I'm honestly just not understanding
Customer: replied 8 months ago.
Saying that my getting overwhelmed and frustrated are the reason they don't believe I can parent her is not a reason to with hold a child. Especially if I have never done anything to give them reason to believe my feeling of being overwhelmed or frustrated would cause her harm
Expert:  Debra replied 8 months ago.
these are all the things you will try to prove to the court. But, you wanted my honest answer and I am telling you that because they have significant concerns about your other children to the point that they are placing one for adoption if they can, it is my strong suggestion that you consult with your own lawyer as soon as possible and start putting all supports that are available for you in place so that they can see that you are willing to work with them and that you are in a different position now and will be able to mother of your child without any concerns.