Thursday, February 13, 2014

If ACS takes your newborn from the time of birth due to an open case involving your other children,can you get the baby back?

Q:  My neighbor has an open acs case in which her 2 kids were removed from the home temporarily. She has just given birth to a baby and it seems like acs will likely take this baby away as well...does the baby get put up for adoption or will she have time to fight for this child back also?

A:  David's Answer:  It is likely ACS will also do a removal of the newborn, especially if the circumstances leading to the removal of her other children have not been rectified. That said, she would generally have 15 months to rectify her issues regarding the newborn before ACS can file to terminate her parental rights & put the baby up for adoption. She should be highly encouraged to schedule a consult with a NYC Child Custody lawyer.  -- David Bliven, Bronx Child Custody attorney (

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