Nashville, TN asked in Family Law, Child Custody, Health Care Law and Juvenile Law for Tennessee

Q: Can DCS take my baby away because I had no prenatal care?

I had a positive pregnancy test 6 months ago, around the last time I could have conceived a child. I was taking lithium at the time. I made an OB appointment but they didn't want to see me until 8 weeks later. I went to my psychiatrist and she took me off the lithium and put me on a safer medication for pregnancy. I soon got what I thought was my period so assumed I miscarried. I did not see a dr because it was so early and nothing they could do about it. I kept having regular bleeding for the next 5 months but my stomach started to swell. I went back to my psych last week. She did a pg blood test and it came back positive. I am now 27 wks pregnant and have had no prenatal care. I am on medicaid and don't have a regular OB but I'm going to call tomorrow. I have not drank/used any drugs this entire time..there is no chance of anything like that coming up but I'm concerned something will be wrong(such as premature birth) because I did not get prenatal and DCS will try to take my baby.

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Divorce Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: DCS never wants to take custody of children, and they do so only in the worst situations. It sounds like you had reasonable beliefs so I would not focus on what has happened in the past , but rather focus on the future. Get yourself to a doctor, take care of yourself, make plans for where you going to live and how you are going to take care of this child ( daycare?) and work to support yourself. Let the father know and if he is unwilling to help, contact the district attorney child support office in your county and go after the father for child support. Being a single parent is tough, but the State can provide some assistance, but its mostly up to you to provide a good home for this baby.

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