Divorce Attorney in Louisiana - Representing an Abusive Parent

When a party is suspected of his or her child, the potential consequences are very serious. If it rises to such a serious level, removal of the child may be warranted. An experienced divorce attorney will be able to tell you the best avenue to pursue. Sometimes a TRO or protective order is necessary.

In Louisiana, if a parent does not serve the best interest of the child and is a convicted felon, OCS can seek to terminate the parent’s parental rights. The State of Louisiana bears the burden of proving each element by clear and convincing evidence. Let’s use an example. Matilda is the mother of a five year old son. Matilda had previously been convicted of 3 DWIs. She gets convicted of her fourth. Consequently, she gets sentenced to 30 years in prison. OCS can seek to terminate her parental rights. In this scenario, a court will most likely terminate her parental rights, and there may be little that a divorce attorney can do.

Louisiana law goes to great lengths to protect children from abuse. Such legislation arises from the Louisiana Children’s Code. One form of protection is a temporary restraining order. The TRO is issued by a judge when there is good cause to believe that a child is in immediate and present danger of being harmed or neglected. For example, Matilda has been abusing her five year old son. Charles cannot stand it so he moves for a TRO against Matilda. If the court believes that the child is in immediate harm or danger, then the judge will issue the TRO. Once a TRO has been issued, the matter shall be set in court to determine why a protective order should not be granted.

A protective order is a permanent restraining order. Such an order can be granted with consent of both parties, though it can be important to contact a divorce attorney before doing this because of some adverse consequences. Additionally, a court can order temporary custody or visitation to a party. When situations rise to the level of grave immediate harm, the State of Louisiana through its various agencies, can file a verified complaint showing that there are grounds for a child’s immediate removal to secure the child’s protection. In order for the state to prevail in this situation, they are required to show that they’ve sought all avenues including a TRO and protective order, to prevent the child’s removal. For example, the state cannot seek to remove Matilda’s child without first attempting to get a TRO or a protective order. Once the matter is before the court, it is up to the judge to decide whether or not removal is warranted.

Let’s look at an example a divorce attorney could encounter. If Matilda beats her child on a daily basis and does not feed her child, then the court will order removal of the child. When this takes place, the court places the child with a suitable relative or individual. Let’s look at an example where removal may not be warranted. Matilda takes pride that her kids do well in school. They make A’s and B’s. On two occasions, her kids brought home C’s. As a result, she lightly spanked them and forbade them playing for the weekend. Clearly, this does not rise to the level such removal of the child is warranted. If you are concerned that your ex-spouse is abusing your child, then you need an experienced divorce attorney.

While we hope that you find this blog helpful and insightful, please be advised that it is not legal advice. If you would like assistance, contact Will Beaumont, Esq., in New Orleans.