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What happens when you give birth to a new baby while your other children are out of your custody?

Miami, FL |

i have an open dcf case with the plan being reunification but right now i only have unsupervised visitation. i am about to give birth on the 20. i want to know the chances of them coming and taking the baby away. and if so how do they do it? do they come in the hospital room and take the baby or do they have to go through court?

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Attorney answers 4


They can literally come and take the baby, place him/her in Foster care and hold the Shelter hearing while you are still in the hospital. It is better to talk to your current case worker before delivery to see what they plan on doing. I am sure they know you are expecting. Best of luck.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272


First question is do they know about the birth of your child? Because of the timing, the last thing you need is the added stress of dealing with DCF. I advise you to hire an attorney so you can enjoy the birth of your new child and let the lawyers hash this out. By hiring an attorney, we understand the process and the inner workings of DCF. I know you don't want to deal with this right now, but please give myself or one of my colleagues a call. Good luck with the new baby.

You can reach the Law Office of Richard S. Chizever, P.A. at (305) 974-1580 or Richard S. Chizever, Esq. is a family law attorney licensed in the state of Florida. This answer is for general information only and does not create an attorney client relationship between Richard S. Chizever or the Law Office of Richard S. Chizever, P.A. and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


Yes they can - but I recommend you discuss these issues prior to the baby being delivered. Contact a local attorney for assistance. My best for a safe delivery.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


I agree that you should hire an attorney immediately. You need to get one anyways to help you straighten out the mess with DCF anyways. Good luck to you.

Bill Rosenfelt 407-462-8787 (Orlando)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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