Divorce,Lawyer,What,Happens,Lo law Divorce Lawyer: What Happens Louisianas DSS Comes Knocking
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
For obvious reasons, child custody can be a highly contestedissue. When a parent has imperiled hisor her childs upbringing, the State of Louisiana can seek to terminate thatparents parental rights. The State ofLouisiana acts through what was once commonly referred to as the Department ofSocial Services (DSS). Whether youropposing party is DSS or your former spouses divorce lawyer, you can bet thatthe court will be rigorously seeking what it believes is in the best interestof the child.When DSS gets involved, it must prove by clear andconvincing evidence that the parent abandoned his or her child to end parentalrights. In some cases, the divorcelawyer or family attorney from DSS may seek criminal prosecution against aspouse for criminal neglect of family.To use Louisiana case law as an example, the Louisiana Courtof Appeal for the Second Circuit ruled on at least one case regarding the issueof child abandonment and termination of parental rights in 2008. The caseinvolves mother, Olivia, who is allegedly a drug addict.In 2007, Olivias twins were born in 2007 with ethanol, THC,and cocaine in their system. They werevery frail and weak. However, Olivianever visited them in the hospital once she was released. Thecourt found that Olivia spent all of her adult life seeking drugs. As such, the court concluded that the DSSsdivorce lawyer or other counsel proved by clear and convincing evidence thatshe abandoned her child and termination was warranted.Olivia did not believe the DSS complied with therequirements in the Louisiana Childrens Code. However, the court did not buy her argument. When the DSS files a Petition for Terminationof Parental Rights, it is not a precondition to apply to the court to forgoattempts at reunification. Nonetheless, in this case, the DSS did prepare areunification plan but Olivia did not comply with its provisions.So what can your divorce lawyer take from this case? TheDepartment of Social Services can attempt to take your minor child away fromyou if you are neglecting your duties as a parent. Going on drug expeditions and being incarceratedhabitually or continuously may constitute neglect of a parents duty. When faced with problems that could endanger custody of yourchild, it is important to hire a divorce lawyer so as not to take on the DSSunrepresented, to have someone fight for you every day, and to keep youinformed of your case. You may find thatsome of the case facts in our blog series bare similar resemblance to yourcase. If so, remember these cases serveas a guide. And just because a case turnedout one way, does not guarantee that your case will turn out the same way.Thisarticle is only informational; it is crucial not to mistake it for legaladvice. Will Beaumont is an attorney inNew Orleans, La.
Divorce,Lawyer,What,Happens,Lo