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.

Asked on 12/21/07, 6:07 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

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.

Read more
Answered on 12/22/07, 1:21 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Louisiana