Legal Question in Family Law in Louisiana
ex husband got letter from DA.
Ex husband got letter form DA's office of child abuse and niglect of our son who is 12 while he was living with him for 3 months. Letter states that Dad was guilty of these charges from a investigation that was done when child protection was called.
We have joint costody. I have called child protection and get nothing. Is the DA or child protection required to let me (MOM) know something about this in order to protect my son? Son is currently living with me. I am worried about sending him with dad for Dads legal visits.
2 Answers from Attorneys
Re: ex husband got letter from DA.
Because the allegations are serious, I would immediately file to ask for sole custody or in the alternative have the visitation rights altered. I would subpoena Child Protection and their records so the court can determine the severity of the alleged abuse.
Re: ex husband got letter from DA.
The short answer is no, you are not entitled to find out about the investigation. Your son, however, is old enough to tell you what happened.
If it is serious enough, you can have your lawyer file to modify visitation and subponae the child protection agency to bring their records for an "in camera" (judge's eyes only) inspection of the investigation records.
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