My son is in the NICU. Can the hospital take him away from me simply because my mother in law smokes. he'll probably be coming home on oxyge...

Question

My son is in the NICU. Can the hospital take him away from me simply because my mother in law smokes. he'll probably be coming home on oxygen and my mother in law has already agreed to smoke outside? Can he be taken from just because of this or do they have to have to prove i'm unfit?

Answer

First of all, the hospital would have no legal authority

to remove your son from your current care and custody. The agency that might

possibly be empowered to do this would be your local Department of

Social Services but only after going to court in the matter and receiving an order that would permit them to do so.

However, I find it highly improbable that this local agency would be involving

itself in such a matter for the reason which you have mentioned.