Legal Question in Family Law in Louisiana
my fiance went to prison in 1999 for aggravated battery to a child. The victim was his 5 month old daughter and the battery was severe, they say that it was an ongoing abuse. he spent 10 years in prison for the crime and paroled in may 2009. He claims he is innocent, the counselor he has been seeing says that in his professional opinion that he did not commit the crime and he does not fit the profile of an abuser. We met January 2010 and moved in together with a friend of mine and her family in febuary 2010 then got our own apartment with my (at the time 3 years old) daughter. I became pregnant and had a son October 16 2010 with him. We had been involved with many agencies for rent and electric and other help during this time because i lost my job when i was 4 months pregnant and each caseworker at each agency knew about his background up front and knew he lived with myself and my daughter. I put him on my medical card when the baby was born and DCFS showed up at our door November 10, 2010. All they said was that they had someone call because there job made them and they were only concerned because of the background living with children and that they had seen no other concerns. Since then they have indicated the report on a risk factor and we have since had to move out to family property with him in a home on one end of property and myself and the children on other end in the home with my grandparents and he could be supervised by my grandparents and mother, they started to give us more until this last week we were at our counseling appointment and he was waiting for me to get out. about a month ago he was told that he could grab paper out of the trash can that is just inside the office door to draw on. he was doing that the other night and another counselor (the same one that gave him permission) walked up and told him that he did not have permission and treated him like he was trying to steal something. I did not witness what happened but i do know that the room i was in was only about 3 feet from were he was and i did not hear any yelling. The following day caseworker and her supervisor call me and say they are going to change safety plan to him being off property, cannot see my daughter, can only see son at office, and he cannot live with any minor children. They say the counselors said that something in him snapped and for no reason. The counselors are also saying that he is a liar and that he never had permission. They have just informed me that they are finally going to take us to court. What are our rights in this case? Would having people sign a petition help? What would the petition have to say?
1 Answer from Attorneys
Ou need the witnesses to testify for you at any hearings showing they have witnessed no abuse or anger issues. His doctors and counsellors can also testify. The court will appoint an attorney for each of you.