Is This Legal In The United States?

Question

A girl of 26 years has a bipolar disorder and is married to a man who is mentally slow, but 28 years old. They had their first child and were taking good care of it.... Until child protection services took the 7 month old child away for those 2 reasons ONLY.

The father is and was maintaining a job and they have their own home. The woman has only one mark against her. When she was 13, she stabbed a girl who threatened to kill her after the girl made fun of her for the 2nd year in a row. But the girl already served her time of 10 years, and actually got out early.

If it is legal, do you know any ways to fight it?

Answer 1

From the sketchy info posted all I can tell you for sure is that if the girl has already served time and was released early, that means she was on some type of parole. While on parole you are still a legal ward of the state and your agent can and will impose on your person or those in your custody if it has been assumed that you are a threat to their well being. Also you do not claim all the rights of a free citizen after being convicted of a felony, until the very last day of your sentence is complete. So No, I don't think they will have a fair chance of fighting this in court or any other stage, they just have too much against them and it may literally be a better situation for all involved for the child to be in the care of protective services. Ain't life a *****?

Answer 2

It is probably legal.  All CPS needs is a reasonable belief the child is in danger of being abused/neglected - and I think the bipolar convict mother/slow father (that's not a slam, I am just saying how it looks) is prima facie evidence of that.  

But to KEEP the child away they have a little higher burden.  The couple should retain a family law attorney.  While the burden of proof is on the State, they should be prepared to prove they are competent, and the child is safe in their care.

Answer 3

Hard to say without knowing the whole story.

If they take it to court, the child will also have a lawyer looking out for it's rights.

So, they fight CPS and the child's lawyer.

With her background and serving 10 years, plus what appears to be an anger problem, causing harm to others, I am sure there is more to the story you may not know.

If the baby made her mad, how would she react?

Tough call and I am gald I do not have to make it.

Call a lawyer and at least find out how good a case they have to keep the child.

Answer 4

It's only legal if they can prove child abuse other ways they will win thier daughter back!

Answer 5

They need to get a really good lawyer and prepare for a big fight with the government.  They should also look around for some character witnesses and doctors and psychologists who can testify to their fitness as parents.

Answer 6

It was probably legal for CPS to take the child if they felt they needed to, but then it goes to the court system to figure out the rest.  Without knowing what CPS is working off of, it's hard to say.  But they should consult with a family law attorney, and if either of them are under continual treatment by a psychiatrist or other mental health professional, they need to be notified as well.

Answer 7

I don't think so they definitely need to seek legal advise.  As a police officer I have seen much worse family keep their children.  If the child is in a good loving home with food and proper care, No he/she should not have been taken away

Answer 8

If the child was in danger, they can take custody of the child..........

Answer 9

Well, obviously there has to be more to the story. If it is a simple as how you described, it seems a bit off. However, when you consider the two people's medical histories, prior contact or history with law enforcement and or CPS/welfare type agencies, current status of living, etc. CPS can argue that, based on a variety of factors, including the parent's mental state, it is in the best interes tof the child to be removed from that home. Perhaps they should seek legal assistance and discuss the matter with someone who specializes in this type of issue.  

Answer 10

you could try to fight it, but child services has good lawyers on there side

Answer 11

There has to be specific reasons for taking a child away.  And - the reasons would have to be within legal reason that the child is not being taken care of - or - could be in danger, etc.   There is some other reason the child protection was called in to get the child.  

Discover these reasons first.  The reason has to be documented.

It will depend on what these reasons really are - before you could know how to fight them.

Answer 12

They should definitly contact a lawyer.