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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.