Legal Question in Family Law in Louisiana

Child was abused by father and placed in foster care, looking to gain custody

My child claimed assault against her father whom is awaiting trial. Meanwhile, my child is being kept in a foster home in New Orleans, LA. I live in Mobile, AL and I have custody of the other child between me and her father. We were never married and each kept one of the children from our relationship. Her foster home is within close proximity to her father, and the charges against him are very serious. I have had horrible luck with previous attornies doing what I have asked. I am even considering letting my next attorney bargain with the DA, dropping the case against him if he will waive his parental rights, but nothing is being done to help me. I love my child very much and I am desperate to find out how to get her in my custody. The cost of having to visit her weekly is overwhelming, and things would be easier if she were in my care. Please help.


Asked on 4/13/05, 6:00 pm

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Child was abused by father and placed in foster care, looking to gain custod

I assume you have requested custody and that an ICPC is or will be prepared and Alabama social services is or will do a home study on your home and report to the Louisiana social services. You should stay in contact with the foster care worker working on the case and ask to be notified of each hearing and make your presence known to the judge. Ordinarily you are first in line to have custody after the court makes sure the child will be safe in your custody. Unfortunately, Alabama social services may be the one holding things up. Let the Office of Community Services attorneys terminate the father's rights.

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Answered on 4/14/05, 7:01 am
Andrew Casanave Andrew M. Casanave

Re: Child was abused by father and placed in foster care, looking to gain custod

Knowing that Mr. Pizzolatto represents Louisiana OCS in some matters I can assure you that he understands this procedure. My answer would be similar to his.

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Answered on 4/14/05, 1:03 pm


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