Louisiana Child Custody Legal Questions

This depends on the current orders in place. The relocation statute states that if Father has joint legal decision-making or unsupervised parenting time, he must receive adequate notice of Mother's intention to relocate with the children. Mother must follow a procedure and serve Father with the intent to relocate. Once received, Father has 30 days to contest the relocation.... Read Answer

Your sons step mother has a right to be near your child unless you have a reason to keep her away and the judge agrees with you. For example, if you have reason to believe she engages in improper conduct around your son, bring it to the court's attention in the form of a motion. The court will ask you to prove your allegations, and if necessary, the judge will amend the judgment to restrict her access. The important thing is how your son feels about her contact. How does he feel, I independent of your opinion? If he doesn't like her, ask why. If you cannot state a reason, but you still feel uncomfortable, you may want to ask the court for an evaluation. Be careful you do not project your feelings onto your son.... Read Answer

You can get custody if you file in your parish courthouse and ask for it. Dad will have to be served. The legal preference is for joint custody. That does not mean dad will have her half of the time. It only means he has some access to his daughter. The time he spends will be up to the court. Usually sole custody with one parent having custody and the other having few rights is granted when one parent has a history of domestic violence or other criminal activity that endangers the child. A joint custody judgment with limited visitation is more likely.... Read Answer

While there is no reason you cannot petition the court for permanent custody now, if you wait until January you can tell the court that you have successfully passed the one year mark and it is in your grandson's best interest to stay with you to ensure his stability. Be prepared to document your position with school reports, etc. It is also a good idea to keep a record of anything going on in the visits. The longer you successfully parent your grandchild on a temporary basis, the more likely it is that the arrangement will become permanent. Another strategy may be to wait until after the baby is born and ask for both children. If your daughter has a history of drug use that affects her ability to care for children, it is highly unlikely that she could get even unsupervised visitation without demonstrating that she has remained free from substance abuse for a period of time.... Read Answer

You should go forward with seeking child support. Your child's father may pursue child custody whether or not he is paying child support and so it is not a reason to reframe from seeking child support. If you would like our office to help you with this matter, please contact us at 504-342-4221. ... Read Answer

I suggest that you have your attorney draft up a petition for emergency temporary custody first and file at the same time a petition to change custody for the 11 year old. I would not do an emergency temporary custody for the 11 year old unless you can prove that he is in some type of abusive home. So your telling the court i care about the 16 year old and also the 11 year old. If there is anything our office can do to help you rectify this situation, please call us at 504-342-4221.... Read Answer