Lacombe, LA asked in Child Custody and Family Law for Louisiana

Q: Can i sue CPS for keeping my child in custody after court charges have been dropped and my case plan is completed?

Charges were dropped due to lack of evidence and the case plan was completed months before they were able to move him to the state i was living in.

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James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA

A: In Louisiana, if Child Protective Services (CPS) has kept your child in custody after charges against you have been dropped and you've completed your case plan, you may have grounds to take legal action. However, the decision to sue CPS should be carefully considered and based on a thorough understanding of your specific circumstances.

Firstly, you should review the reasons CPS has provided for keeping your child in custody. Often, CPS decisions are based on the child's best interests, and there might be factors beyond the completion of a case plan and dropped charges.

If you believe CPS's actions are unjustified or not in your child's best interest, you might consider filing a complaint against CPS or pursuing legal action. It’s important to gather all relevant documentation, including court orders, case plans, and any communication with CPS.

Consulting with an attorney experienced in family law and CPS cases is essential. An attorney can evaluate your case, advise you on the feasibility of suing CPS, and help navigate the complexities of the legal system.

Remember, each case is unique, and legal advice tailored to your specific situation is crucial to understand your rights and the best course of action.

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