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If CPS Takes Your Child, Can You Have Another Baby?

If CPS Takes Your Child, Can You Have Another Baby?

If CPS takes your child, can you have another baby? It’s a question that parents never want to ask, but unfortunately, it’s more common than you think. When Child Protective Services (CPS) takes a child away from your home, it can be devastating for you and the rest of your family. Not only do you lose your child, but you also struggle with future family planning. So, can you have more children after an incident with CPS? Like many issues related to child custody, it’s a complicated issue. Read on to learn the facts about having children after a CPS custody battle.

Having another baby after CPS takes custody

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What happens when CPS takes your child away?

Sadly, child custody cases involving CPS can get pretty ugly. Usually, you will know if you are at the center of a CPS investigation, however, you may not know how the case is proceeding. CPS may not be contacting you for a variety of reasons. As a result, you should always try to contact CPS and find out as much as you can ahead of time.

However, CPS has very few legal obligations when it comes to providing you with information. While CPS cannot (legally) lie to you, they also don’t have to tell you everything. This is certainly frustrating, but it can be helpful to think about the situation from the perspective of a government agency. CPS is charged with keeping children safe. If they think that you could be a threat to the health or safety of your child, they will not be inclined to give you all the information they have on file. Therefore, if you’re at the center of a CPS investigation, you need to be ready for anything.

Oftentimes, when CPS is preparing to take a child away from his or her parents, they will write up an affidavit that describes any alleged abuse or neglect. Then, the social worker managing the case will submit this affidavit to the agency’s team of lawyers, who will take the affidavit directly to the courts. In some cases, you may not even be informed of the court date unless you specifically request it. 

However, if you don’t even know that there’s a court case pending, you won’t know to ask about it. Thus, it’s very important to acquire an attorney as soon as CPS visits your home or as soon as you become aware of a CPS investigation. For more information on acquiring an attorney, be sure to check out our guide on free legal aid in all 50 states.

Whether or not you know about the court case and can attend to defend yourself, the judge always has the power to rule against you. When this happens, CPS can legally remove your child from your custody. So, what happens next?

If CPS takes your child, can you have another baby?

CPS took away my child. Now what?

If CPS takes away your child, you’ll likely feel completely devastated. However, it’s important to remember that hope is not lost. In most states, when CPS takes away your child, they will keep custody of your child for a period of one year or longer (but no more than 18 months). During this time, you will almost certainly be advised to take parental classes, visit a counselor, and demonstrate to Child Protective Services that you are a good parent. If you play your cards right, you could convince the courts to grant you custody of your child once again.

That said, it’s not always easy to stay in the good graces of CPS or the courts. One false step and you could end up losing custody of your child for good. If this happens, your family — including any children that you’d like to have in the future — could be in jeopardy. 

CPS child custody dispute

If CPS Takes Your Child, Can You Have Another Baby? 

So, we’ve come to the most important question: if CPS takes your child, can you have another baby? The short answer is that technically, yes, you can have another baby. You can give birth to another child after CPS has taken away custody of one or more of your children. However, your newborn baby could be at risk of being taken away by CPS as well.

That’s right. If you’re having a baby and you’ve previously had children taken from your custody due to abuse or neglect, CPS can send the authorities to take custody of your baby at the hospital. In other words, you may lose custody of your baby on the same day that you give birth.

That said, this doesn’t always happen. CPS would need to know that you are pregnant and be aware of your due date. They could easily be tipped off by a medical professional or even someone you know who is aware of your prior experiences with CPS. In any case, once your baby is born and registered with the state, their identity will likely set off red flags. So, even if you are able to take your baby home from the hospital, you may find CPS at your doorstep within days, weeks, or months of your child’s birth.

Your ability to have another child after CPS takes a child from your custody may also depend on the laws in your state and the details of your case. If you had a child taken from your custody more than a decade ago and have had no legal issues since then, you may not encounter any problems with CPS. Nonetheless, having a baby after CPS has taken your child away could be a huge risk. You never know if and when CPS could show up.

The Bottom Line

So, if CPS takes your child, can you have another baby? The answer is complicated, but in many cases, you cannot keep custody of your baby if you’ve had a child taken by CPS. When a court orders the removal of a child from your home, in essence they have deemed you unfit to be a parent. In any case, there are ways to prevent issues with CPS and maintain custody of your children. Be sure to check out our guide on what CPS can and cannot do to learn more!

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Matthew Jones is a freelance writer with a B.A. in Film and Philosophy. You can check out his blog at Philosophy in Film.

Ms Mable

Saturday 5th of March 2022

I feel they kidnapped my grandchildren after one false claim via phone. They made secret court dates to keep family members from attending. They told family members lies about them being able to come and get them. Then allowed no one from out of state to come and pick them up. It was so devastating and debilitating for my daughter. Now they are up for adoption only in state of ARKANSAS and won’t allow anyone from out of state. They rather the children be with foster parents than the real family unit. The children wanted so badly to be with their mother.


Saturday 5th of March 2022

Unfortunately, we cannot give specific legal advice. You can get low-cost legal advice online from our friends at JustAnswer, or you can look for free legal assistance in your area here.

Candice S

Sunday 6th of February 2022

My baby was took right after I had him and they kicked me out the a.v hospital that same night with stiches .. barely able to walk ..they Uber me home ..and I also didn't get the shot in my back for pain because I took one or two aspirin s every four to eight hours.that was the reasoning of why cps said that took my newborn son away ..I'm serious disturbed and numb now ...I really don't understand alot of this .


Thursday 10th of February 2022

Unfortunately, we cannot give specific legal advice. You can get low-cost legal advice online from our friends at JustAnswer, or you can look for free legal assistance in your area here.

Scott Nelson

Sunday 19th of December 2021

Here in Santa Rosa county FL, CPS IS the devil, they kidnap kids for such petty nothing and they are mean to our kids, we have fought and turned them in feds, and they get tipped when they coming but what feds need do instead going their office they need go parents and ask them how their kids got stolen, the dhr in Chilton county Alabama is just as much kidnapers, President Trump signed a new law that no one hardly knows about , it about keeping our kids out of foster care so much but the two counties I mentioned is the devil and they don't like kids only thing they do is steal people kids and go court just to pretend to care but really they scum and ask the kids they are mean to the kids, some kids deserve to be taken from parents but most aint, something need to be done people need to know about President Trump bill, the family first law and they need investigated, you can't even have kids anymore it's the states people who runs cps need their kids taken before they get hired do the trash will know how it feel, they can't have kids do they take it out on other people kids, and it sad that adults can have kids unless these trash interfere and it wrong they can't have more kids cause cps will steal them


Monday 17th of January 2022

Unfortunately, we cannot give specific legal advice. You can get low-cost legal advice online from our friends at JustAnswer, or you can look for free legal assistance in your area here.

Ms Lee

Wednesday 30th of June 2021

I think that it is tragic that a Family of a Child can be ripped away from the Child, and the Child placed with strangers, Over false allegations , while there are no problems at all with the Child or with the Child's care no signs of abuse because there isn't any type of abuse- except the abuse being done by CPS. Proclaiming the best interest of a Child when Its actually quite the opposite. If a Parent has indeed abused a Child or had allowed abuse to their Child in any form to have had a Child removed then shouldn't the Parent be ordered sterilized? Why allow them to continue to reproduce? This is a sick money making heartless broken "system" and more is actually being done to prevent puppy mills. What CPS has become ,sadly with the most Courts Judges' assistance, is a greater tragedy than the puppy mills. Children are being ("legally ") kidnapped Pulled away from loving stable homes because maybe someone thinks it's a smart way to get even with or to harm another person or maybe some Family member or friend wants a Child but is not able to get pregnant for some reason. America, This happens more than most people realize. Something needs to happen to stop this form of human trafficking Something needs done to TRULY protect Our Children.


Thursday 13th of January 2022

@Ms Lee, AMEN!!!!!!!!!!


Wednesday 15th of December 2021

@Ms Lee, I agree. I'm having anxiety about having another child.