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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? This is a heartbreaking question that I have been asked many times, by friends and even here on Low Income Relief.

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

Legal advice can be very helpful.

It helps to have advice from a professional lawyer when you are dealing with Child Protective Services. These issues are complex and scary. The consequences can be heartbreakingly real. Whenever possible, I strongly recommend that you consult with an attorney.

You can connect with free legal help through your local Legal Aid organization or by contacting our affiliates at JustAnswer.

Although we will strive to answer your question to the best of our ability, it is important that you understand the information provided in this article is for informational purposes only and should not be construed as legal advice on any subject matter. I am not a lawyer, legal expert, or healthcare provider; I am a researcher presenting information to help you better understand this complex issue.

If you have specific legal concerns or find yourself in a situation involving Child Protective Services or other related matters, consult with a qualified legal professional for advice tailored to your individual circumstances.

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 because they will contact you for a home inspection or an interview. However, you may not always know how the case is proceeding.

CPS may not contact you right away (or very consistently) 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.

I’ve dealt with CPS many times in the past and my experiences have been chronicled throughout Low Income Relief’s articles on this subject. It is extremely frustrating how difficult it can be to get information about your case.

It appears that 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. Often, they will not reveal information to you unless you specifically ask about it.

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. This is why it helps to have a lawyer on your side.

The process that happens when CPS is called can be very confusing. For the purposes of this article, we are limiting our scope to what happens after CPS has decided to take your child away.

Initial Assessment

When the social worker observes an imminent threat or the court decides that there are severe safety concerns, a child can be removed from the home.

Placement

Once a child has been removed from their home due to concerns about their safety, they are typically placed in temporary custody. This may be with a relative, in a foster home, or in some cases, a group home or residential facility.

An initial hearing is usually scheduled within a short period (often within 72 hours) to assess the situation and determine the next steps.

Court Involvement

A judge will review the evidence presented by CPS and other parties involved, which may include police reports, medical evaluations, and statements from the child and parents. The judge then decides whether the child should remain in CPS custody or be returned home.

If the child remains in CPS custody, there is usually still a chance for that parent to be reunited with their child in the future. There are just steps that must take place first.

Case Plan Development

If the child remains in CPS custody, a case plan is developed, outlining the steps parents must take to address the issues that led to removal. This may involve attending parenting classes, undergoing drug or mental health treatment, or making necessary home improvements for a safer living environment.

If this happens, these steps should be clearly explained to you so that you understand what you need to do. There should be clear instructions and deadlines. If you don’t understand any part of the case plan, it is essential that you ask questions. A clear understanding can make all the difference.

Regular Review

The child’s situation and progress of the parents will be regularly reviewed through follow-up court hearings. The goal is typically family reunification, provided it is in the best interests of the child. It is often comforting to remember that the courts want reunification, too.

However, if the parents fail to meet the requirements outlined in the case plan within a designated period, the court may consider other options, such as long-term foster care or adoption.

Parents have the right to legal representation throughout this process, and it is often advisable to consult a lawyer familiar with child welfare cases. In some jurisdictions, legal aid may be available for those who cannot afford a lawyer.

If your case progresses to the point where the child is no longer in your home, it is always best to have a lawyer involved. A lawyer can help you assert your rights and understand what you need to do to get your child back.

Final Decision

Eventually, there will be a court hearing to determine whether or not the child can safely return home. Although the courts will give you time to meet their requirements, their patients won’t last forever.

It’s important to understand that having a child removed by CPS can put parental rights at risk. In extreme cases, failure to comply with court-ordered requirements can lead to the termination of parental rights.

Termination of parental rights is a legal process that permanently severs the legal relationship between a parent and their child. Once parental rights are terminated, the parent loses all legal rights and responsibilities for the child, including custody, visitation, and decision-making authority. This action is generally considered a last resort and is taken only when it is determined that the child would be at risk if left in the care of the biological parent(s).

When this happens, CPS can legally remove your child from your custody forever. 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. Losing parental rights permanently and facing the reality that you won’t be raising your child is an emotional and psychological trauma that’s difficult to bear.

Unless the court has ordered otherwise, make an effort to maintain contact with your child. This might be through scheduled visits, phone calls, or letters. Maintaining a relationship can be beneficial for both you and your child and may help in the reunification process.

The emotional weight of losing a child in this manner can be overwhelming. A mental health professional can provide coping strategies and can offer a space for you to process your grief, guilt, or anger in a safe, non-judgmental environment.

Knowing you’re not alone can be a small solace but a significant one. Support groups for parents who have lost children to foster care or adoption can provide you with a community who understands what you’re going through. This is a unique experience that your friends or family may not be able to fully comprehend, so finding an understanding community can be critically important.

If you believe the decision was unjust, consult with a legal professional who specializes in family law to discuss any possible routes for appeal or other legal remedies. Be aware, however, that overturning a termination of parental rights is often difficult and rare.

If the termination of your parental rights was due to circumstances within your control (like substance abuse or neglect), this might be a time to focus intensely on self-improvement. Taking measurable steps to improve yourself will not undo the past but might provide future opportunities to be a part of your child’s life in some way, such as through open adoption arrangements, if applicable.

Remember that even if you’ve lost your child, life does continue. Preparing for a future in which you can apply the hard lessons you’ve learned may provide you some direction. Whether that involves repairing other family relationships, focusing on career goals, or even working towards helping others in similar situations, looking ahead can sometimes mitigate the pain of looking back.

Of course, experiencing this kind of loss can cause a trauma that is difficult to deal with. If you get pregnant again, you could worry that you will end up losing custody of your child. You may fear that 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, if the circumstances that caused the first removal have not been fixed, then your newborn baby could be at risk of being taken away by CPS as well. In some extreme circumstances, you may lose custody of your baby on the same day that you give birth.

The question of whether you can have another child if Child Protective Services (CPS) has taken a previous child away is complex and varies based on numerous factors, including jurisdiction, the reasons for the initial removal, how much time has passed, and the outcomes of any subsequent court proceedings. It really depends on your unique circumstances.

In most jurisdictions, there is no law that automatically prevents you from having another child if one has been removed from your custody. Reproductive rights are considered fundamental human rights, and governmental bodies generally can’t prevent someone from having another child based on past involvement with CPS.

However, if you do have another child, it’s possible that CPS may become involved again, especially if the reasons for the initial removal still exist. If you are still involved with CPS when you give birth, or if CPS is called on you again, you may experience more frequent visits and check-ins. In more extreme cases, it could lead to your new child also being removed from your custody.

Let me illustrate this with a story. Many years ago, I met a woman that I will call Anne. For the sake of privacy, I don’t want to use her real name.

Nearly a decade before I met her, CPS had taken Anne’s child away. This woman had been engaged in substance abuse, grappled with an untreated mental illness and had made a few choices that put her child in danger. Ultimately, this created a set of circumstances in which CPS felt the child would be safer with the father.

In the years following Anne’s loss, she worked hard to reclaim her life. She found medication that helped with her mental illness. She fought to overcome her substance abuse. She joined a Church, made drastic life changes and fell in love with someone new. They married and created a stable home.

Anne and her new husband later welcomed a new baby into their home. A little while later, they welcomed another. Their children were happy and provided for in this new family. There was no reason for CPS to get involved, so Anne and her husband were able to raise their daughters without any problems or visits from CPS. Anne still thought about and worried about her first child often, but she was able to have another baby even though CPS had taken her first child away.

Unfortunately, many years later, Anne slipped back into old habits. Her life quickly regressed back to how it was before and CPS was called. The two children that she had raised for years were ultimately removed and placed with foster families. The reasons that these children were removed did not have anything to do with Anne’s first child, but it is possible that the fact she had already had a child removed was used against her. I’m not sure.

There really isn’t a good, one-size-fits-all answer to most CPS questions because the answers are so nuanced and personal. To get a good answer for your unique situation, you really need to consult a lawyer.

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 very stressful experience because you never know if or when CPS will show up.

That being said, the answer to “If CPS takes your child, can you have another baby?” is yes. You can give birth again and, depending on the circumstances, you may be able to raise that baby without any problems. However, if CPS does get involved with your family again, the fact you already had a child removed in the past may be used against you.

The Bottom Line

So, if CPS takes your child, can you have another baby? The answer is complicated and depends on your own unique circumstances. In many cases, you can keep custody of your baby even if you’ve had a child taken by CPS as long as the original issues that led to the removal have been resolved. Be sure to check out our guide on what CPS can and cannot do to learn more!

This article is the product of a team effort! Multiple authors from the Low Income Relief team have contributed to this post. We have also used AI tools to organize data and refine the writing in accordance with our Responsible AI Use Policy. All articles on our website are reviewed by our founder and resident poverty expert, Nicole Thelin, prior to publication.

Michelle

Tuesday 26th of September 2023

I am scared of this myself it’s been about 5 years and I’m pregnant living a better life than I had. Cps took my three kids and one actually died in there care not even a year later and I didn’t find out till 3years later and to find out that fioster was under investigation child physical abuse unit came out to talked to me I never even spanked my children I could not imagine someone hurting him. So much for protective services , crushed my soul and they couldn’t tell me anything cause I had no rights I didn’t even want know the detail I thought I was gonna see him one day I did go to prison for about 3 years saved my life . Anyways I just wanted to know where he was they would not tell me. Didn’t help that the day I got out of prison learned the father of my children got killed 6 days before my release. Got myself right and now I’m pregnant and am so depressed cause no one can tell u what they are gonna do. In 2013 my daughter was taken from the hospital and they found nothing in my hair or in my urine indicating drug use but because I told my doctor I had used a few times before I found out I was pregnant the treated me like I was a crack headache walking the streets . Get this I was in trade school at the time I was falling behind and unable to do everything dcs wanted and school. So I change my schedule to the night classes but had to do one last module in the day . I told dcs if they just work with me thru this last module then I would be completely open. They told me if I missed one class that they would sever my rights ?? That was my career?? So I quit school got more depressed and gave up.. now I’m terrified to me it doesn’t matter how good your doing they still will come in and crash your world causing destruction in lives that is that was not needed and they becaome the abusers to those children causing trauma

jane wiedenhoeft

Sunday 23rd of April 2023

@Candice S, this is terrible !!

Mello

Thursday 13th of January 2022

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