One of the scariest cases for a divorce attorney is an OCS case. Here is a broad overview of some of the things that they may look for.
If you have neglected your child and have abandoned your duty as a parent,
then the State of Louisiana, through the Office of Child Services, can seek immediate custody of your minor child, and there can be little that a divorce attorney can do to stop it. For instance, what happens when a young drug addict mother has a baby with drugs in his or her system? OCS may immediately seek to take custody of the child. The Office of Child Services serves to protect the best interest of the child while upholding and enforcing the laws of Louisiana.
The Office of Child Services steps in when a parent is abusing or neglecting to raise the child. For example, Sandy is a famous rock star. She travels the state playing gigs. She has a 7-year-old child who travels with her. The child does not go to school. Sandy allows her child to drink alcohol and smoke cigarettes. In this scenario, the Office of Child Services can file a termination of parental rights with the court. Clearly, the OCS will have a cause of action for terminating her parental rights since she allows her seven year-old to drink and smoke.
In some occasions, a court may decide that granting grandparents visitation is warranted. When dealing with such issues, a court makes a fact driven inquiry. A court will look to the credibility of the allegations, in addition to the defense put up by the divorce attorney or adoption lawyer. If a court believes OCS has not met its burden, then the court will terminate a parent’s parental rights.
However, if OCS presents enough evidence sufficient to meet their burden of proof, then a court will terminate a parent’s parental rights. This is why it is ever so more important to have all the facts documented when dealing with OCS. Sometimes OCS can make mistakes. Before you proceed against OCS on your own, it is highly advisable to speak with an experienced divorce attorney or lawyer.
Sometimes when OCS seeks to terminate a parent’s parental rights, another party seeks to be awarded sole custody of the child. Sometimes these parties think they can do so by simply signing the child’s birth certificate. However, legal effect is only given when the biological parent signs the birth certificate. So when seeking child custody, it is best to speak with an attorney before you do it on your own and make a consequential mistake. Even if you believe you have an uphill battle in being awarded child custody, it is always better to check with an attorney before jumping to conclusions.
The OCS has a plethora of resources at their disposal. Do not sit idle while they are building up a case against you. This is why it is important to tell your divorce attorney the truth and all the facts regarding your situation. While we will work hard for you, we will not take your case if we believe you do not have a good faith claim. Our legal team is well-versed in the law and will assist you in understanding the specific steps we will need to take in your particular case.
If you are in need of a divorce attorney, contact Will Beaumont, a lawyer in New Orleans, Louisiana.
Please know that the above is informational. It is not legal advice. In fact, Will Beaumont, practicing in New Orleans, does not handle many OCS cases.
