Legal Question in Family Law in Louisiana
I would like to know if i can get custody of a child, 6 months old that i helped raised till now and was taken away due to the mothers dwi while driving with the child in the back seat. there is no father of record, i do not think she knows who is the father, i have been this childs only provider and have taken care of him from birth and is this childs godfather.
2 Answers from Attorneys
A non-relative caretaker can file for legal custody of a child. The test is always the best interest of the child. You would have to file a contradictory hearing against the mother and alleged father. If the father is truly unknown, then a curator would have to be appointed to try to locate the father. Although parents are preferred custodians, if a parent is unfit the court can award custody to a relative or person the child has been living with in a stable relationship for a long period of time. Please be aware that the legal mother or father could show up and take custody of the child at any time unless you go to court and obtain an order of custody in your favor.
I agree with Ms. Liepelt, however, from what you wrote it sounds like the State is involved with this child. If so, you should contact the State and see if you can be considered for the physical custody of the child. If the child is in a foster home then you may need to file an intervention into the child in need of care case and request consideration for custody.