Legal Question in Family Law in Louisiana
Newborn custody battle
Birthmom asked my husband
and i to take custody of her
newborn once she is born (five
other children had been
removed from her custody by
DHR due to her drug habits).
Baby came prematurely last
week. I immediately notified
DHR that BM wishes us to have
custody and I am on my way
down to LA. DHR took custody
of baby later that day and has
already begun TPR process.
They will not consider us as a
placement for the newborn
since we are out of state and
not related. Does BM have any
recourse seeing as she was
making provisional plans for
her child prior to the birth? Do
my husband and i have any
recourse? We are foster
parents and have an approved
adoption homestudy.
1 Answer from Attorneys
Re: Newborn custody battle
Had you taken custody after the child was born, then the mother would most probably have been seen as "making a safety plan" for her child. Once OCS takes custody, then mom has no say unless it is a relative. You can "intervene" in the adjudication process requesting the court to consider you as a placement resource and ask for a home study. However, I assume that the other 5 children know about each other and stay in contact, and may be all placed together, or be with one or more relatives. If that is the case, the preferred placement is in the same area as the siblings. You will need to hire an attorney, but since you are not a relative, you may have tough going.
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