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I left my husband over a year ago because we could not work things out. I have not filed for divorce and neither has he. He did go to court and get primary custody of our 12 year old daughter because I moved out of state. We own a house together. I need to know how to get my daughter back as well as half of everything we owned for the past 31 years.
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Hello,
I'm assuming you left Louisiana and intend to remain outside of Louisiana. With that, you may have a hard time getting domiciliary custody of your daughter. But...to answer your question, How do you get your 1/2 of everything...file a petition for divorce, and greater than 30 days later a partition of community property pursuant to La. R.S. 9:2801 et seq. In the Petition for Divorce, ask for custody. At the least, a judge should evaluate the various living arrangements and determine who should be in charge of the child. You will need to do a list of the assets and "things" you have as of the date of filing the divorce.
In Louisiana, there is an interesting caveat, IF neither party has filed for divorce or custody/visitation or for protective orders/injunctions, then BOTH parties may have EQUAL rights to the child...so...if you have equal right to the child...I'll let you fill in the possibilities.
If you'd like to discuss your options with an attorney at The Civil Law Center, LLC, call 504-342-4221 and set up an appointment.
Thanks!
Answered on May 19th, 2014 at 1:57 PM