Q: I wanted to know what it would be to get my child out of custody of the state two days after she was been born

I had given birth to my child on the 16th at home didn't have to come in to the hospital but did anyways and wanted to sign my child out against medical advice and come to find out the state has taken custody of my child and I need to know what I need to do to get her back into my custody without them being involved anymore

1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: From the sounds of it DHS is involved. At this point, there is nothing that you can due to stop the process. The social worker is likely reviewing your child's case for (1) D&N (dependency and neglect) and/or (2) criminal child abuse (via physical harm or drug addiction of the baby). Pending the review, a court case MAY be filed by DHS on behalf of the child. Note, this is not a guarantee. If a case is filed, you can hire an attorney or apply for a public defender. You should hear from DHS in about a week. You may want to consult with a lawyer to see if there are other options for your specific situation.

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