Divorce Lawyer: What You Might Be Facing When OCS Takes Custody in Louisiana

Whenever you are in jeopardy of losing custody of your children, your divorce lawyer or other counsel will likely advise you to follow the steps that the State of Louisiana through the Office of Child Services (OCS) and the court set out for you.

To highlight this point, you and your divorce lawyer can go through a case such as a 2010 case heard in one of Louisiana’s appellate courts.  In that case, OCS sought an order from the trial court authorizing OCS to take custody of JD’s two minor children.  The OCS received a complaint concerning the two children.  Shortly thereafter, the trial court set a continued custody hearing date.

Without admitting fault, JD admitted that the children needed care and consented to the OCS’s custody.  As such, the trial court confirmed continued custody with the OCS.  JD indicated that she desired to be re-united with her children at some point.  The OCS agreed to meet with her and to formulate a case management plan.  OCS’s reason for obtaining custody of the two minor children was that JD did not have a very stable residence to stay at but was moving frequently.

The OCS offered two conflicting opinions contained in the same report.  This reiterates the importance of hiring a divorce lawyer or even someone such as an adoption attorney to advocate forcefully for you.

OCS subsequently changed their initial goal of reunification to that of adoption.  Consequently, that means OCS sought to terminate JD’s parental rights.  It is crucial to have a divorce lawyer or other attorney if the state attempts to do this.  This is despite, OCS’ allegations that JD could not properly supervise her children not even for her routine two-hour visitation.  The children would cry and scream.

OCS’s formal request for relief to the court stated that JD has not significantly complied with her case management plan as approved by the court.  Louisiana courts have repeatedly held that the interest of the child is more important over that of the parent.  In reviewing the trial court’s decision, the appellate court found that the trial court did not abuse its discretion.  (A divorce lawyer is usually aware that it can be very difficult to get a finding other than this.) 

The appellate court alluded to several examples including a positive drug test for marijuana, repeatedly missing several classes, and failing to complete a psychological evaluation.  The court noted that the two minor children have been living in a stable environment for four years with their foster parents. (The children are five years old).

With this case in mind, your divorce lawyer will probably counsel you that a court could be unwilling to find that it is in the best interest of a minor child to place him or her in the custody of a parent who is living from shelter to shelter and is on drugs.  No doubt, case management programs can be demanding, but rightfully so.  When it comes to retaining child custody from the OCS, you it is important to walk a straight and narrow line.