Legal Question in Family Law in Louisiana
Can my husband do whats best for his child?
Can my husband step in and take his son from his mothers home,now that she has the ocs involved with her??
2 Answers from Attorneys
Re: Can my husband do whats best for his child?
It depends on who has legal custody. I am guessing that the grandmother had it. OCS can step in and offer family services and the grandmother would keep legal custody under OCS supervision. OCS may have been granted legal custody. In either case, the dad cannot simply "take" the child. He can ask the court for custody and OCS will do a home study to see if the home etc.is a safe stable place to take the child. I would wonder why his mother had the child in the first place.
Re: Can my husband do whats best for his child?
It all depends on the facts of the case. But in general the police can not take a child from a parent simply to give the child to another parent unless there is a court order that is being violated.