Divorce,Lawyer,What,You,Might, law Divorce Lawyer: What You Might Be Facing When OCS Takes Cust
When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a
Whenever you are in jeopardy of losing custody of yourchildren, your divorce lawyer or other counsel will likely advise you to followthe 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 gothrough a case such as a 2010 case heard in one of Louisianas appellate courts. In that case, OCS sought an order fromthe trial court authorizing OCS to take custody of JDs two minor children. The OCS received a complaint concerning thetwo children. Shortly thereafter, thetrial court set a continued custody hearing date.Without admitting fault, JD admitted that the childrenneeded care and consented to the OCSs custody. As such, the trial court confirmed continuedcustody with the OCS. JD indicated thatshe desired to be re-united with her children at some point. The OCS agreed to meet with her and toformulate a case management plan. OCSsreason for obtaining custody of the two minor children was that JD did not havea very stable residence to stay at but was moving frequently.The OCS offered two conflicting opinions contained in thesame report. This reiterates theimportance of hiring a divorce lawyer or even someone such as an adoptionattorney to advocate forcefully for you.OCS subsequently changed their initial goal of reunificationto that of adoption. Consequently, thatmeans OCS sought to terminate JDs parental rights. It is crucial to have a divorce lawyer orother attorney if the state attempts to do this. This is despite, OCS allegations that JDcould not properly supervise her children not even for her routine two-hourvisitation. The children would cry andscream.OCSs formal request for relief to the court stated that JDhas not significantly complied with her case management plan as approved by thecourt. Louisiana courts have repeatedlyheld that the interest of the child is more important over that of the parent. In reviewing the trial courts decision, theappellate court found that the trial court did not abuse its discretion. (A divorce lawyer is usually aware that itcan be very difficult to get a finding other than this.) The appellate court alluded to several examples including apositive drug test for marijuana, repeatedly missing several classes, andfailing to complete a psychological evaluation. The court noted that the two minor childrenhave been living in a stable environment for four years with their fosterparents. (The children are five years old).With this case in mind, your divorce lawyer will probablycounsel you that a court could be unwilling to find that it is in the bestinterest of a minor child to place him or her in the custody of a parent who isliving from shelter to shelter and is on drugs. No doubt, case management programs can be demanding, but rightfullyso. When it comes to retaining childcustody from the OCS, you it is important to walk a straight and narrow line.Consultan attorney for legal advice; this blog is purely for informationpurposes. Attorney Will Beaumont currentlypractices out of New Orleans, La.
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