Legal Question in Family Law in Louisiana
Child Neglect
I have raised my 8 yr. old niece for 4 years now due to my brother being in and out of prison my neice's entire life.She had not seen her mother for 6 yrs who came back to town at X Mas.Since her mother has been back,she may have spent a total of one week with the child.My brother is in jail and she is hanging in the streets.They are both drug addicts.He wants to sign the baby over to me and she does not.Would it be enough if only he signed?I have contacted Social services and they cannot help.I am all that little girl knows and it would devistate her if her mother came to get her.I tried Legal Aid and they won't help.Since I cannot afford to hire a lawyer..if my brother signed her over ..wouldn't her mother have to take me to court?Would it be joint custody and can it be done?I am a desperate woman and my next step is to try to change the law.I feel that parents should be able to leave thier children for a period of 2 years max, otherwise thier parental rights would be terminated.Social Ser. said I could raise her till she was 15 and the parent could take her.I am mother, father,sister, brother,everthing to her.I have her in counseling due to mental issues.I must protect her.Any response would be appreciated.
Desperate
2 Answers from Attorneys
Re: Child Neglect
You may be able to proceed with an intrafamily adoption since they have not had significant contact or have not supported their daughter for a certain period of time.
You should talk to a lawyer immediately about your options - adoption, custody, etc.
Re: Child Neglect
Without a Court Order giving you custody either parent can take the child from you. You need to file for custody. You say you cannot afford an attorney but have you actually tried to find out what this costs? It might be cheaper than you think.
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