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  1. #1
    Join Date
    Jul 2012
    Location
    Louisiana
    Posts
    5

    Default Trying to Regain Custody of Children Placed in Family Member's Care

    My question involves a child custody case from the State of: Louisiana

    What steps do I need to take to try to get my case in front of a judge? The children were removed by false means and I have cooperated in every manner in order to have them returned. My lawyer says the paperwork has been filed, but I still have no court date.

    What steps can I take to ensure that I get a court date before too much more time elapses?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Trying to Regain Custody of Children Placed in Family Member's Care

    Listen to your attorney.

  3. #3
    Join Date
    Jul 2012
    Location
    Louisiana
    Posts
    5

    Default Re: Trying to Regain Custody of Children Placed in Family Member's Care

    I'm not so sure the attorney is being completely up-front on this. I understand it does take time but I don't feel that it should take years to get a court date, nor do I feel that patience is my best option. I just need to know what the typical time frame and procedure is so that I can better weigh my options and be better prepared.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Trying to Regain Custody of Children Placed in Family Member's Care

    There is no "typical" time frame. Depending on your exact circumstances it can be months or years before it's over.

    How about you give us more details?

  5. #5
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Trying to Regain Custody of Children Placed in Family Member's Care

    I don't think patience is a good option in child custody cases either. You may want to try a free consultation with another family law attorney and ask for his/her advice. Just let them know you don't want to say anything bad about the first attorney, (and you don't expect them to either) but ask them what the general time frame is in cases like this, and what happens if it takes months or years to get in front of a judge. Ask them if there's anything you can do to speed the process up.

  6. #6
    Join Date
    Jul 2012
    Location
    Louisiana
    Posts
    5

    Default Re: Trying to Regain Custody of Children Placed in Family Member's Care

    My children were removed several years ago pending an investigation into my husband. I was not involved in this, but it was conveyed that unless I made untrue statements about my spouse, that I would not get the kids back. Unfortunately I thought it was a ploy until I was also accused and subsequently arrested. The charges have since been dropped, but I still don't have my children. I haven't seen or spoken to the children in years even though I continue paying child support and insurance. I'm told that I have to be patient and respect the guardian's wishes even though this person is the one who made the complaint against my family in the beginning. What advise can you give me in this situation, if any?

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Trying to Regain Custody of Children Placed in Family Member's Care

    Quote Quoting annett
    View Post
    What steps can I take to ensure that I get a court date before too much more time elapses?
    As you've already been told, you need to discuss that with your lawyer.
    Quote Quoting annett
    View Post
    I'm not so sure the attorney is being completely up-front on this.
    If you don't believe that your lawyer is adequately representing you, it is sensible to discuss your concerns with your lawyer. If you cannot resolve your concerns, hire a different lawyer.
    Quote Quoting annett
    I just need to know what the typical time frame and procedure is so that I can better weigh my options and be better prepared.
    As we do not know the procedural status of the case or your motion, all we can do is again advise you to talk to your lawyer.
    Quote Quoting annett
    View Post
    My children were removed several years ago pending an investigation into my husband. I was not involved in this, but it was conveyed that unless I made untrue statements about my spouse, that I would not get the kids back.
    I'm not clear here on whether you made false statements implicating your spouse, or if you refused to do so and the state removed the children from you on a "failure to protect" theory.
    Quote Quoting annett
    Unfortunately I thought it was a ploy until I was also accused and subsequently arrested.
    Again, we lack context.
    Quote Quoting annett
    The charges have since been dropped, but I still don't have my children.
    The charges were dropped against you? How about your husband? How long ago were the charges dropped?
    Quote Quoting annett
    I haven't seen or spoken to the children in years even though I continue paying child support and insurance.
    Surely over the past few years you have requested visitation - why did the court deny your requests? It's highly unusual for a court to place children outside of the home and then deny visitation to the parent, even in the context of of child protective proceedings.
    Quote Quoting annett
    I'm told that I have to be patient and respect the guardian's wishes even though this person is the one who made the complaint against my family in the beginning.
    Who is telling you that, and on what rationale?

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