Could my kids be taken away in this situation?

If your child’s father has a child with someone else and they are going through a custody battle and (the father has custody of the child) and the mother is saying she’s going to file for emotional neglect and you have been there for (stepson), and the father really hasn’t been very involved with the child school, dr, etc… and you have 2 Biologically children of your own and they prove the father for neglect will your 2 biologically children be taken away if you live in the same house?


I dont see that happening unless hes a danger to said children

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I dont that would happen

unfortunately even the most neglectful parents don’t get their kids taken away but it sounds like there’s something to prove and I wouldn’t be worried about that but how he can fix those behaviors.


If they are founded of abuse depending on your state yes and if they have charges. Sounds like a great guy.

Emotional neglect? I’m thinking it’s going to be hard to prove that in a reasonable family. Decent home kids go to school everyone clean and fed stable living situation. No they have bigger fish to fry with real abuse

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Possibly. A judge could easily think if he is neglecting one he is neglecting them all. Not likely though. On a different note, why the hell would you even want to be with a man that is neglecting his own child?


Okay so if he is found guilty you would have to leave him. I know a girl that had her kids taken because she stayed with the man who was found unfit

There is a lot of info here that we are missing before one can give any input.

No. Not unless you leave the children in his care.

Different mams different relationships try not to worry they cant do anything to your kids xxx

It’s not really clear- but I think I get what your asking- kinda depends on your state in a sense but not really. Every case is different- DCFS will do whatever they want, at least in Illinois that is what they do, but they have to have evidence and even then, most the time they don’t remove kids, soo I think you’d be ok

Emotional neglect and neglecting a child’s basic needs/ abuse are two different things. For emotional neglect no.

It depends on ur state. If he is founded for abuse and you stay then you might (not saying it will happen) be founded for environmental neglect.

All it takes is that one PHONECALL to cps even if it’s lies yes , all children are at risk


Why would you want to stay with someone who doesn’t treat his child properly would be my question. If social get involved they get involved with you all. Living in the house together they will ask why you wasn’t helping do these things because you have taken on the parent roll in the household. So if these things have been neglected then yes can be on you aswell.


Not likely because you are there also, however it could lead to a child services case. I would say if that does happen, you should leave him and move out because they could say you’re guilty as well. It could go either way. I know two females who lost their kids because they refused to leave their boyfriends/kids fathers after they were charged with abuse or neglect. It honestly depends on the judge though and the social worker. It would be hard in most cases to prove emotional neglect though. Emotional abuse would be easier to prove than emotional neglect. If you are being there physically and emotionally for the children (including step son) then chances are the judge will take that into consideration before making a decision though. It really just depends on the judge and how much proof she has.


Not if you are not involved in the case the wording here is confusing though so if its a case between you and the baby farher with your kids then yes but if its just the other babymama and the father then no

It’s gotta be something pretty serious in order for that to happen it has to be proven first off. Theyd have to prove you are also neglectful i dont think either is going to go through.

No they will NOT be taken from YOU but they can always control how involved he is untill he does parenting classes, counseling ect. Whatever they decide he needs to do. If anything he would have to move out of the home with you and your children if they find substantial evidence against him. Which I don’t see happening but obviously I don’t know all the details of your case. Good luck momma you’ll be fine!

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If he has court ordered custody, there’s plenty of reasons for that. Is he not involved in that stuff because of work and you do the SAH? Does he spend time with the kids when he is home? Everyone in the home will probably be interviewed to see if the claim has any merit. Just be ready for anything if she pulls through with the threat.

We are 3 years into a court battle with a drug addicted mother who does not want the child. Court keeps pushing reunification. She is also in jail

Not necessarily. It depends on the specific situation, what the investigation shows, etc. Children can be taken away for emotional neglect, but there are too many factors to say one way or another in your case.

If she wins then you can take him under the same circumstances in fearing what is happening

I don’t think so.
But it is 2020 one, so :woman_shrugging:t2:
I would call a family lawyer and ask, questions are generally free.

I had a friend in this situation. She basically had to break up with him. They were told either him or her had to move out of the house and he wasn’t allowed around her or her kids until he completed parenting classes. Then they could be together again.

Unless those children are left absolutely uncared for they cannot prove neglect

Most fathers aren’t involved in their child’s school & doctor. It’s sad but not considered neglect. She might gain custody back since he’s not taking care of the child’s needs. That also depends on why he has custody to begin with. If your children’s needs are taken care of they aren’t neglected. I can’t see them taking your kids away.

If y’all are in the same house then yes all children will have to be removed until a court date

It can happen if there are huge concerns for all children but cps most likely get you both doing a care plan for your children whilst your involved with him

no not at all they look at each family group but if he is negligent with his how is he not with the other kids ?

Maybe everyone should just be investigated to determine who is neglecting who. Why would the dad neglect one child and not the other? Also, if a child is being neglected in your care/your home and its proven then I definitely think you are at risk of losing your children. I would also encourage OP to consider the fact that she needs to report suspected abuse, especially if it’s happening in your home you could be held liable in some way.

Not likely. Emotional neglect doesnt fall in the abuse/unsafe category. Unsavory, yes. But not wrong by law.

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Proving emotional neglect is VERY hard to prove. She would have to have some good evidence and/or attorney to make that one work.

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Well no I doubt they even listen to that

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First of all if the father has custody, how would that get the kids taken, me and my husband has custody of my SD, I mainly take care of the school work, dr etc, my husband the main provider, does he help some yes at times, but just because he’s doesn’t do all the above does not mean it’s emotional neglect if that was the case just about every man on earth could be sued for that, we you are a family doesn’t matter if your kid are biological or step kids, it’s a blend family and you all are as one. I never say I have for 5 kids and a stepdaughter, if I feed them, raise them, dr, school and so on they are mine too.


Oh gosh no! They are your children and I’m assuming you have been active in there lives and not neglecting them

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Shes blowing smoke out of her ass. Besides, their custody battle has nothing to do with your biological child.

It’s wrong
BUT it’s not something they would take kids away for especially if he isn’t abusing and is still being financially supportive

It seems like she is jealous or trying to be spiteful.
Make sure he keeps any texts she sends and so on regarding this matter

No I don’t think so if it involves the child from another party and ur husband then ur children that you share doesn’t have any part of it. Unless ur fighting him with ur own children against ur husband. If that makes sense.

No because that child’s mother is making these claims. Its not about you or your children.

YOU are there to care for YOUR children. Why would they take them from YOU?


No because you aren’t making the claims of neglect I went through that situation with my ex

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Erm… thats a not so good situation all around


No unless he has full custody, the wording on thats a bit weird. From the sounds I’d say no however I also say get away from him too


Unless she is going through cps trying to say that the both of you are neglecting the child than no. Sounds like you’re saying they’re in a courtroom custody battle and she’s making claims solely again the father, if that’s the case than if they find him unfit to be custodial parent they would give her custody of their child. You and your children aren’t involved, and neither is cps so no one’s child is going into the system. They can’t give her your children, and the claims aren’t about you or your kids so they can’t take them from you. It’s a whole other ballgame though if she’s making claims against you, or about the care/ treatment of your kids as well, or if cps is involved.

No! This will not get your children taken away!

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The way that is worded is so confusing! So does he have full custody of the child or just get the child on weekends etc…? But if she is saying your house is unfit or he doesn’t care for the child by taking him to dr appts and so on I would think that the stepmom would be in trouble as well if the child is there with him all of the time. Or does the mom have full custody and the dad just doesn’t go to any appts? Then no that would have nothing to do with the stepmom and her kids. 🤷😳

Probably not. It would also be extremely difficult to prove neglect on her part

Well my cousin whose like my brother has custody over his daughter but because he went for a smoke broke after she was born at the hospital,the mom didn’t put him on the certificate and didn’t wait on him to get back to do it and the mom does drugs,etc and out of 4 kids she’s only kept one which is her son and we have evidence with the mom throwing her out twice and because her dad wasn’t on the certificate,his family has no rights and they put her with her mom where she stays scared all the time and can’t see anybody and her dad doesn’t do drugs or anything and the only way to get it fixed is by paying for a paternity test through court but the mom said they’d have to make her bring her to court to have the test done but their doing their best to ge her back and they live right across the road from each other but although she kicked her out twice,etc dhr still put her with her mom when she was with her dad and his mom and they didn’t do anything wrong and still got her taken away when they wasnt doing anything wrong and gave her to her mom who lives with her mom who’s had plenty of brain surgeries and does drugs and suppose to get drug tested once a week but dhr won’t do it although it was ordered and they was friends with the dhr lady and personally invited her to the bday when the mom wouldn’t let her family come at all. Dhr isn’t fair where were from.

No, it’s 2 separate cases. Plus, it’s very hard to get someone’s child taken away from them, there would need to be a ton of proof. Even so, they wouldn’t take the other kids unless that mother also files and can prove since he lost the one kid that he should also lose the other children and still show a lot of proof of reason.

If you have any type of worry about CPS coming into your home and having any type of concern about your children, sounds like changes need to be made. Because if you’re doing things the right way, you shouldn’t be worried about any type of CPS report bc they should be able to come into your house and see that everything is fine.

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Why would you be with someone who emotionally neglects or abuses children? If you’ve exposed your own kids to someone like that, then you are neglecting yours too. HOWEVER. If you know that your partner is lovely, then SS will investigate and work with you. If the kids are over a certain age, then their also unlikely to be taken away. Emotional abuse can include stuff like not letting them go on school trips. If you can show that you provide a place to sleep, food, washing facilities and clean clothes, you won’t get done for neglect, even if the kids never wash or wear dirty clothes (if they’re younger then obviously you would encourage them more than if they’re older!)

Are they fed clothed bed electricity because anything outside of that is like pushing shit up a hill To prove “neglect”

This sounds unlikely. Emotional neglect is hard to prove. Plus there is a reason he has custody instead of her so it sounds like it will likely be thrown out. Also saying he isn’t involved with school or doctors appointments my dad never went to any of that stuff my mom did and I take my kids.

Oh my gosh that’s a circus to be honest and takes a lot of investigating, a lot of money, a lot of time and hard to “prove” so probably not.

Absolutely not takes a lot more x

Idk, I’m not a lawyer, but here’s my POV. The kids aren’t being physically neglected. They’re eating, they have a roof over their heads, they have clothes, etc. If said father is working to provide for the kids and (step) mom is taking care of the doctors, school functions/meetings, it’s not neglect. My ex doesn’t go with me every time I take our kids to the dr, he didn’t go with me to meetings with teachers, he usually didn’t go clothes shopping with us for school clothes or because they had outgrown everything. We both worked but I scheduled all those things around my work schedule cause I was off some week days and he wasn’t. It wasn’t neglect on his part, that’s just how we did things. There really isn’t enough info to go on to be able to say he’s neglecting the child honestly. And for all the people saying leave him, you don’t know the whole situation so why would you say that? For all we know he gets outside and plays catch with his son every afternoon after work, or takes him to the park or whatever. The bio mom could just be salty cause step mom does the dr appts and school stuff so dad can work to provide for the family.