If a child is abused by one parent and taken away by DHA, does the other parent get the child?

The parents live in different states.

Asked on November 13, 2012 under Family Law, Mississippi

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Usually, the DHA will try to place the child with a relative, preferrably another biological parent.  There is a strong prefernce to place children back with parents and family members.  However, the DHA also has a duty to protect the child from any further abuse and will takes steps to insure that the other parent is capable of providing a healthy environment for the child.  If the DHA learns that the other parent is just as unfit as the first parent, they can look for other family members for placement of the child.  If the DHA determines that the other parent is ready, willing, and able to provide a healthy environment, then most likely the other parent will get the child.


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