Can a child be taken away from her mother if she has a mental illness like OCD? - Child Custody Law Questions and Answers- LawQA.com

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Can a child be taken away from her mother if she has a mental illness like OCD?

Answer By Melvin Franke

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It depends upon many more facts. Is she a danger to the child?

Answer Applies to: Missouri
Replied: 11/5/2012

Answer By Janis L. Blough

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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


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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: 11/1/2012

Answer By Dennis P. Mikko

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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: 11/1/2012

R. Jason de Groot, P.A
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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: 10/30/2012

Answer By John Russo

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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: 10/30/2012

Answer By Seth L. Reszko

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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: 10/30/2012

Answer By Anne B. Howard

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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: 10/30/2012

Answer By Elizabeth Jones
Elizabeth Jones, A Professional Corporation
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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: 10/30/2012

Abom & Kutulakis, L.L.P,.
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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: 10/30/2012

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