Legal Question in Family Law in Louisiana

Child neglect

Where do I start to get custody of two children who are neglected? They are my neice and nephew.


Asked on 8/04/03, 12:32 pm

3 Answers from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Child neglect

If the parents will not turn the children over to you, then call child protection and explain how they are neglected. The State prefers placing kids with family over foster care.

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Answered on 8/04/03, 12:44 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Child neglect

I agree with Mr. Casanave. Contact the Louisiana Department of Human Resources, Office of Community Services and explain your concern.

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Answered on 8/04/03, 12:53 pm
Hardy Parkerson Retired Attorney; now Law Professor

Re: Child neglect

Dear Law Guru Friend,

Mr. Casanave is a good lawyer, so consider carefully his reply to you. I have not read his reply, but my first reaction to your question was that if you cannot get the consent of the parent or parents of the children to give you custody, then you are going to have to file a suit to get custody. And to do so you are going to have to prove the neglect you allege and show that somehow you would be the most qualifed person to have custody of the children; that is, that it would be in the best interest of the children if you were granted custody of them. Of course, a closer relative, like another parent who may not have custody now, or a grandparent or grandparents, would have priority over you, assuming that all things were equal as to the fitness and qualifications of the proposed custodial parent(s), and that there was a need to take the custody of the children away from their parent or parents. Best of luck to you and the children!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 8/04/03, 11:28 pm


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