Legal Question in Criminal Law in Louisiana

What are the moter's right when child is kicked out of home

My girlfriend's 20 year old daughter is pregnant ad addicted to crack. The mother kicked her out of the home, but the daughter keeps breaking in and selling all of the items in the home to support her drug habit. To add to this is the daughter is pregnant. The mother came home today and the daughter allegedly claims the mother pushed her down the stairs, so the mother got arrested for allegedly pushingher pregnant daughter down the stairs. The alleged victim says she will press charges; however, she's on crack, continuously breaking and entering, and selling everything in the house for her crack habit. Does the mother have any rights to fight this. Thanks .


Asked on 5/06/06, 6:55 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: What are the moter's right when child is kicked out of home

Dear LawGuru Friend,

Of course, the mother has rights too! She is just going to have to practice what some call "tough love" and forbid the daughter to return to her home; and whenever the daughter does break in, as she has done before, she must immediately notify the police and in doing so file a complaint. If the police refuse to arrest the daughter, providing that there is sufficient evidence that she has committed an unlawful entery, or even a burglary, then that is malfeasance in office by the police, and your girlfriend needs to go to the District Attorney herself and inform the D.A. of what has gone on and what is continuing to happen to her and her home.

Insofar as the stairway incident, if in fact the mother did not push her daughter down the stairway, or if doing so was justified for her own protection and to protect her own property following an unauthorized entry, then by no means should she rush into court to plead guilty to the charge. If the police have only arrested your girlfriend, but the D.A. has not filed the charge, then perhaps you or someone else could contact the D.A. on behalf of the mother (your girlfriend) and persuade the D.A. not to formally charge the mother. There is more to it all than this, but this is something to think about. Good luck to you and your girlfriend, and hopefully the daughter will get help for her drug problem, before she herself lands in prison. If you would ever like to discuss this with me, feel free to call me. I don't charge for just discussing a letal matter with someone. I am easy to find and my number is listed. Again, good luck to you and your girlfriend!

Sincerely,

Hardy Parkerson, Attorney

Lake Charles, LA

Read more
Answered on 5/06/06, 8:30 pm


Related Questions & Answers

More Criminal Law questions and answers in Louisiana