Legal Question in Family Law in Louisiana

sister needs help

I am 26 years old,my sister is 15.My father and stepmother

are having severe home problems.My sister came to me and asked if there is something i can do to obtain custody of her.In less than a month she will be forced to live in a tent in a campground with them.They are deliberately selling their mobile home to live like animals.My dad is on a fixed income and drinks his money away.Please tell me if there is anything i can do to help her.I am terribly afraid to call ocs because she may end up in stay home.I am fully capable of taking care of her and would love to.PLEASE help


Asked on 4/10/04, 8:58 pm

3 Answers from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: sister needs help

Dear LawGuru Friend,

From what you state here, it sounds as if your father would not object to your having custody of your sister; so just have him sign an Act of Provisional Custody by Mandate. That is all you need to to to have legal custody. If you want a form for it, just call me at (337) 478-6126, and I will send you one. All it needs is to be notarized before a notary and two witnesses. With the form already in hand, you should be able to find a notary who will do it for you for from a low of $10.00 to a high of $20.00. I would not pay more than $20.00 to have it notarized. You will be able to find some notary who will do it for that. If I were doing it for you in my office and providing the form, I would charge $50.00. Most people who want custody of a minor are willing to pay that when I provide the form and complete it and notarize it. The Act of Provisional Custody is good for only one year and must be re-signed each year until the minor is of age or emancipated. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles

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Answered on 4/11/04, 12:12 am
Andrew Casanave Andrew M. Casanave

Re: sister needs help

OCS would rather place your sister with a relative than in a foster home. Contact them. They will want to inspect your home to make sure that it is adequate and will want to be sure that you're appropriate (drug dealers and child molesters sometimes have younger sisters). You will probably get your sister unless you or your home are inappropriate.

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Answered on 4/11/04, 1:01 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: sister needs help

If your father will not sign custody to you, then you should file for her custody, citing the circumstances that have you worried. At 15, the court will be very receptive to what your sister wants, but understands that the "best interests" of the child still controls. There is no reason at this time to call OCS.

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Answered on 4/12/04, 9:12 am


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