Tulsa, OK asked in Family Law, Adoption and Child Custody for Oklahoma

Q: My sister in law was on drugs and dhs took the baby. Now my sister in law is clean, but her boyfriend isnt. She is

Clean 100% and she passed her tests. Also she is pregnant.. horrible situation turned worse. We want to help her and she is coming to live with us. Us being my husband and i, he is her brother.. She is due next month. Dhs wants to take this baby too... because her boyfriend is still on durgs. But if she is clean and she isnt living with him, can they legally take this baby from her too? Also she wants to know if there is a legal way for her to give us a temporary guardianship once the baby is born, to keep them from taking the baby simply because they dont like her. She done all her steps and was suppoed to get her son back in December, but her boyfriend didnt pass his hair folical.

1 Lawyer Answer
Brian Boeheim
Brian Boeheim
Answered
  • Divorce Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: DHS is a funny agency in that it sometimes all depends not the case worker you have. There is a big difference between having your child removed based on a deprived action and having your parental rights terminated. If she is working a plan after a deprived adjudication or waiver, then it makes sense that there is negotiating room, especially if she is no longer with the boyfriend. The cold hard fact is that if she has lost her rights to a previous child, that is a basis for removal of future children, but she can still fight it, and it sounds like she is doing the right things in preparation to challenge DHS removal.

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