Can a child be taken away from her mother if she has a mental illness like OCD? 17 Answers as of November 05, 2012

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Law Office of Melvin Franke | Melvin Franke
It depends upon many more facts. Is she a danger to the child?
Answer Applies to: Missouri
Replied: 11/5/2012
Blough Law Office | Janis L. Blough
The only grounds for removal would be neglect or failure to obtain the treatment and provide the environment the child needs.
Answer Applies to: Michigan
Replied: 11/2/2012
Law Office of Angela M. Riccio | Angela M. Riccio
Because the custody of a child is determined using a "best interests of the child" standard each case is dependent on many circumstances. For instance, OCD has a broad range of intensity and can successfully be treated in many patients. I suggest contacted an experienced family law attorney to discuss your options.
Answer Applies to: Illinois
Replied: 11/2/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
In order for the child to be taken away, it would have to shown that the mental illness impacted her ability to parent. Just having a mental illness without more will not be enough.
Answer Applies to: Michigan
Replied: 11/2/2012
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
Yes, as long as the child is affected by her illness, dcf can try. They usually have to prove abuse or neglect for this, and in this case it would be neglect.
Answer Applies to: Florida
Replied: 11/1/2012
    John Russo | John Russo
    Yes and No, depends on if it has a direct effect on the child's well being, it is fact determinative.
    Answer Applies to: Rhode Island
    Replied: 11/1/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Simply put, if CPS believes that the mother endangers the child, arrangements can be made for placement of the child in foster care or adoption. Another situation could be that the father could seek custody of the child if that is in the best interests of the child. If there is an issue, I would recommend consulting with an attorney.
    Answer Applies to: Nevada
    Replied: 11/1/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    Possibly. Depends whether she is following medical advice, taking meds, etc. If there's no risk to the child, there would/should be no removal.
    Answer Applies to: California
    Replied: 11/1/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Depriving a parent of the custody of a child is a very bid deal. It must be determined what is in the best interests of the child. Many issues like OCD, which are difficult for the one who suffers it, do not make a parent unfit. A court would have to hear all the evidence before taking a child from a parent.
    Answer Applies to: California
    Replied: 10/31/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    The simplistic answer is no. But in PA child welfare may petition the juvenile court to declare a child to be dependent if he/she is w/o proper parental care, control or supervision.
    Answer Applies to: Pennsylvania
    Replied: 10/31/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Your question is unclear - is it the child who has OCD or the mother? Generally, the court must make custody/parenting time orders in the child's best interests, so if the parent has a mental illness that affects the parent's ability to care for or make decisions for the child, then the mental illness may affect the custody/parenting time determination; however, the existence of a mental illness does not automatically result in a child being "taken away" form a parent.
    Answer Applies to: Arizona
    Replied: 10/31/2012
    Law Office of Beth Jackson Day | Beth Jackson Day
    Only if she can take care of the child. A doctor would have to decide if the mother didn't agree.
    Answer Applies to: Maryland
    Replied: 10/31/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Child Protective Services can remove a child from the home if they conclude the child is in imminent harm. A parent can file a motion for change of custody if they feel it is in the child's best interest. Just because a parent has been diagnosed with an illness in not in itself a reason for change of custody. One has to show how the illness affects the ability to parent.
    Answer Applies to: Nevada
    Replied: 10/31/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Only if the illness presents a threat to the child and cannot be managed
    Answer Applies to: Colorado
    Replied: 10/31/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    OCD alone is insufficient.
    Answer Applies to: New York
    Replied: 10/31/2012
    TTLAW
    TTLAW | Tristan teGroen
    This case sounds more like a dependency case to me than a custody case. Social workers can remove a child from a parent who is not protecting the child - this means not seeking medical treatment and other things. Also, a parent who is not caring for an ill child may be subjected to an application for a change of custody because that parent might be neglecting the child's health. Having an ill child in itself does not mean that the child should be taken away. Many parents care for ill children who have cancer or other illnesses and parent well despite the illness.
    Answer Applies to: California
    Replied: 10/31/2012
    Hamblin Law Office | Sally Hamblin
    Who are you referring to that may take her away? If DHS only if the child was abused or neglected. If a parent, depends on the court looking st the best interest of the child factors.
    Answer Applies to: Michigan
    Replied: 10/31/2012
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