Prairieville, LA asked in Family Law, Adoption and Child Custody for Louisiana

Q: How can i get custody of my niece when shes born or maybe even before hand?

My sister is due to give birth in 3 weeks and has been doing illegal substances the entire pregnancy and has been violent to others and self harmed and is homeless and has another child less than 2 years old in the states care i cant have children of my own and i am the only family member with the means to and willingness to take the child in ... I want to know what i can possibly do to take my niece into my care... my sister has said she plans to give temporary custody to her mom and then when she and the baby are discharged from the hospital her mom would give her custody back basically to prevent OCS from helping to save this child. I want to intervene before this happens

2 Lawyer Answers
Douglas Lee Bryan
Douglas Lee Bryan
Answered
  • Family Law Lawyer
  • Marksville, LA
  • Licensed in Louisiana

A: You need to have an attorney involved as soon as possible, so that pleadings will be ready to file as soon as the child is born. Speak with an attorney who handles custody and family law matters. Good luck.

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

A: Your lawyer can file a Petition for Ex Parte Custody on the date of the child's birth and serve her in the hospital before she is discharged.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.