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Will you get your baby taken away for smoking weed while pregnant?

Petoskey, MI |

If you smoke weed sometimes while pregnant and no other substances will you get your baby took away at the hospital?

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Attorney answers 6


Maybe. Just don't do it!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


The safe thing to do is not to smoke while pregnant.


I agree with other counsel

A J. Williams

A J. Williams


You know, the real problem with CPS isn't the smoking itself, it's the people you bring yourself into contact while you're smoking. Why don't you ask your drug dealer?


Maybe-it depends-so you shouldn't take a chance with drugs or alcohol.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


Yes. If the baby test positive.


First and foremost, don't do drugs while pregnant. You do not want your baby to be born with a dependency and watch them go through withdrawal. Now, to tackle your question, if your child is born with drugs in its system, the hospital will notify CPS and they will take action. Whether that means they will take the child in emergency custody is up to them and the court (CPS more than likely will file an emergency petition) and whether they think the child is in danger being with the parent. In all likelihood, if the child has drugs in its system, then the child will be placed in temporary foster care. That foster care may end up being with an appropriate relative or a non-related person. I don't know, because I don't know your situation. You may wish to contact local legal counsel if you know or even think you will drop dirty at the hospital. Find an attorney who handles abuse neglect cases and who knows the local CPS. Finding an attorney who is well-versed in guardianships is also a plus. There are a lot of good attorneys in your area that you can find on AVVO or from cold calls, and many will offer a free consultation. Being proactive is the key. Good Luck!

I am a lawyer, but I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.

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