Birmingham, AL asked in Family Law for Alabama

Q: If the mother already had her first child taken away from the dad is it easier for the second child to be taken away?

Kids are from two different fathers

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Daphne, AL
  • Licensed in Alabama

A: I don't know. This is a little scary...and your question isn't really clear. If the mother had the child taken away from the dad? Who had custody?...Well, here goes: It looks like the kid was 'taken away from the mother.' If DHR did it, they would have probably taken both kids, so I'm assuming you mean that the father of the child got custody of the child away from the mother. If this is the case, it doesn't matter a whit in the case where the father of the second child is trying to obtain custody from the mother. The second case is going to depend on the facts of the case. Now if the reason the first child was taken from mom was that mom is a dope fiend, or a child abuser, then those will be compelling reasons to take the second kid away from her as well. But if the second dad is also a dope fiend or a child abuser, then he might not prevail, even though the first kid was taken away from mom. Is that confusing enough?

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