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.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

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.