Legal Question in Family Law in Louisiana
''Friend'' refuses to return my child, threatens loss of custody...
I was given provisional custody of a newborn in October, 2002 by a
friend who didn't want her. It was understood that I would be adopting
the child when I could afford legal representation. Unfortunately for the
baby, and me, my life took a turn for the worse a few months later. I
started using drugs and ended up couch-surfing with the baby. Three
weeks ago, I was given a wake-up call and made the decision to turn my
life around. A ''friend'' agreed to care for the baby while i entered a rehab
program and saved money for an apartment, under the terms that the
arrangement was temporary, and i could see the baby whenever i
wanted. Four days ago she stopped returning my calls. Today I recieved
a letter in the mail stating she is keeping the baby. I still have custody,
she has no legal claim to the child at all, but she is threatening Child
Protective Services taking the baby from me if i try to take her back. Will
they? Can she do this? I am clean, in a rehab program, and have an
apartment now where the baby can have her own room, and a good job.
What are my rights? (the birth mother has no interest in the baby)
2 Answers from Attorneys
Re: ''Friend'' refuses to return my child, threatens loss of custody...
Dear Law Guru Friend,
I have not read Mr. Casanave's reply, but here's mine. I know that Mr. Casanave is a good lawyer, however, so heed his advice as well as mine! Here's mine: If you do in fact have Provisional Custody, then you have more rights to the baby than the person that you turned the baby over to. Frankly, this other person who refuses to turn the baby back over to you may in fact be guitly of simple kidnapping. I would have to read the simple kidnapping law to determine if in fact this is so; but, if not, then what good does Provisional Custody do one? So I would tell this person to either return the baby to you at once or face the consequences. Of course, if this person goes to Child Protectice Services, the CPS may snatch the baby; but that is no worse than this other person's snatching the baby. It may be better. Also, I think that you have a right to sue this other person for damages for depriving you of custody of the child that you have a legal right to have custody of. Provisional custody, if your papers were drawn properly, is a valid type of custody. It is good for only one year, however; so do not let more than a year elapse without having the one who gave you the provisonal custody sign another Provisional Custody by Mandate document. You might contact the D.A. in your parish or county and see if a charge for simple kidnapping will be accepted against the one who is witholding custody of the child from you. That's a rotten thing to do, and the person should be prosecuted in my opinion! That person has no legal rights to the child, so why should that person deprive you of your legal rights to the child? There is obviously more to it all than this, but this is something to think about. If you can afford it, get you a lawyer in your hometown to consider some of the things Mr. Casanave and I have suggested and to protect your rights to custody of this child and to assist you in regaining actual physical custody of the child. Also, continue with your drug rehabilitation! Best of luck!
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
Re: ''Friend'' refuses to return my child, threatens loss of custody...
Child Protection often returns children to addicted parents who have regained sobriety.
If you have Court ordered custody, bring the order to the local law enforcement and they should help you get the child back.
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