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hi - I am trying to assist my sister who is low income and

 
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  • Answered by:Ely
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hi - I am trying to assist my sister who is low income and needs to get help in terminating the parental rights of her son's father.

Father is currently in jail and has been for most of the boy's 7 years. My sister has sole custody of her son. The Father is also on the sexual predators list.

Can you recommend someone that can help her with low cost legal? Also how difficult is it going to be to get the father's rights terminated?

Submitted: 329 days and 8 hours ago.
Category: Family Law
Value: $28
Status: CLOSED
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Expert:  Ely replied329 days and 8 hours ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please understand the following important points: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

IO am very sorry for your sister's situation. I would be glad to help with some general information and also a referral to some pro bono attorneys. Please, what state are they living in?

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.

Customer replied329 days and 8 hours ago.

Hello


 


My sister lives in Walker Louisiana

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Expert:  Ely replied329 days and 8 hours ago.

Thank you - I am typing out your answer now.

Accepted Answer

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Expert:  Ely replied329 days and 8 hours ago.

Can you recommend someone that can help her with low cost legal?

I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/louisiana.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have the family law clinic. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-louisiana.asp

Also how difficult is it going to be to get the father's rights terminated?

According to Ch. Code Ann. art. 1015, Louisiana can terminate a parent's rights by clear and convincing evidence of the following:

Abandonment or Extreme Parental Disinterest
Abuse/Neglect
Felony Conviction/ Incarceration
Failure of Reasonable Efforts
Sexual Abuse
Abuse/Neglect or Loss of Rights of Another Child
Failure to Maintain Contact
Failure to Provide Support
Failure to Establish Paternity
Child Judged in Need of Services/Dependent
Child's Best Interest
Child in care 15 of 22 months (or less)
Felony assault of child or sibling
Murder/Manslaughter of sibling child

From what you are telling me, the Court is likely to approve her petition. He would have to be served in jail, and can technically fight the petition, but realistically, there is little that he can do from jail unless he retains counsel for himself. If he is pro se (without counsel), then he may be transferred to court at every hearing, but he may simply not even wish to bother...

IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.

Expert TypeCounselor at Law
Category: Family Law
Pos. Feedback: 99.2 %
Accepts: 7574
Answered: 7/24/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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