Divorce Lawyer: Louisiana’s DSS and Adoption

In Louisiana, courts look to the best interest of the child when rendering a custody judgment.  When balancing a parents needs versus the children’s needs, a divorce lawyer generally is aware that the child’s needs are paramount and are accordingly given more weight.  When a parent lives without shelter, high on drugs, and without employment, the DSS could have a compelling case for termination of parental rights.  Termination would be in the best interest of the child to remove him from the dark derelict world of his transgressed mother and place him in a nourishing environment.  When the DSS seek to take your child, it is best to call a divorce lawyer or other attorney use to dealing with child custody.

In a 2010 case, the Louisiana Court of Appeal for the Second Circuit ruled on a case whereby the mother of a child appealed the trial court’s judgment terminating her parental rights.  The minor child was taken into the Department of Child Services custody following a report of neglect and abandonment.  The biological father of the child was unknown.  Paternity testing excluded two candidates with whom the minor child lived.

When DCS took custody of the child, the child was living with relatives of the mother as she had left the child with them and did not return.  The child was three years-old at the time and suffered severe dental neglect, medical neglect, abandonment, malnutrition, and insufficient clothing.  The OCS removed the child from uncle’s custody after the child suffered unexplained injuries.  When taken to the doctor, it was discovered that the child suffered from a black eye, abrasions and lacerations to the face, and trauma to the left hand with severe pain and swelling.

Even after all of this, the state formulated numerous case plans with the goal of reunification with the mother.  However, the mother never contacted the child except for a ‘chance’ encounter at a local discount store.  After reviewing the mother’s tract record, the DSS changed its initial goal of reunification to that of adoption.  Consequently, the DSS sought an order from the trial court to terminate the mother’s parental rights.

A divorce lawyer familiar with child custody is likely aware that the state must carry a high burden.  The trial court found that the DSS proved by clear and convincing evidence that the mother’s parental rights should be terminated.  In its judgment, the trial court found no reasonable improvement of the mother and found that the mother has abandoned the child by having no physical contact or financial support with the child.

Because the trial court has an enormous amount of discretion in its role as the trier of fact, a divorce lawyer would likely be concerned about the chances of winning an appeal.  In this case, the mother’s case manager testified that she indicated she would obtain employment, a home, and attend substance abuse treatment.  It found that she complied with nothing.  A divorce lawyer would likely have counseled her to follow through.  As such, the court found that the mother refused to cooperate with the DSS.  Furthermore, it found the trial court’s judgment was not manifestly erroneous or clearly wrong.  Therefore, it affirmed the trial court’s decision.

The above is written to provide greater insight and to be considered information.  Please do not mistake is for legal advice.  Attorney Will Beaumont practices law in New Orleans, La.