Baton Rouge, LA asked in Child Custody and Family Law for Louisiana

Q: If I, as a grandparent, have been granted legal custody, can their father have my custody revoked if I don't obey him?

Grandchildren were initially taken into custody by CFS after both parents were arrested on drug charges. I petitioned the court and was granted legal custody. The father is threatening to call and have my custody revoked if I do not bring the children to visit his other child at the father's parents' house. I was under the impression that since I have legal custody, I could dictate who they are allowed to be around. He was ordered to complete parenting and substance abuse classes and has not even made an effort to do so the past few months. I have allowed him, and only him, supervised visitation at my residence once a week. The mother is still incarcerated.

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2 Lawyer Answers
Amir Tavakkoli
Amir Tavakkoli
PREMIUM
Answered
  • Divorce Lawyer
  • Houston, TX

A: You have to review the court order and see what the terms are. A common misunderstanding people have is the difference between custody, and temporary CPS placement or temporary caregiver. In the former, the terms of the custody order have to be followed. In the latter, CPS determines, in conjunction with the rights CPS gets under the order, the extent of obligations of the temporary caregiver.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
Answered
  • Divorce Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: Mr. Tavakkoli is correct, it depends on what the custody order says. However, it would be in the best interest of most children to enjoy regular and frequent contact with their siblings and half-siblings. But you get to call the shots on where, when and who should be present.

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