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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118175
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can dcs take my newborn child from my home 5 days after I

Customer Question

Can dcs take my newborn child from my home 5 days after I come home because the father of the baby was screened and failed even though our dcs cases are seperate
JA: Family law varies by state. What state are you in?
Customer: In indiana
JA: Have you talked to a lawyer yet?
Customer: I have called about pro Bono lawyers and they said they would call me back and I have heard nothing
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have all the paper work throughout my case with dcs including all of my negative drug screens.
Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if the father is in the home and failed screening, yes, they can come in and take the child. The only way to stop them from taking the child is to remove the father from the home or you need to move somewhere where the father will not be with you and he will have to abide by DCS supervised visitation schedule. So, even if you are negative, they can take the child if they find you allow the child to be in the presence of the father without making some arrangements with DCS for supervised visits and his removal from being in the presence of the child.
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