QUESTION
How can I get full custody of my daughters if father has not given them back to me?
Asked on Aug 21st, 2016 on Child Custody - Louisiana
More details to this question:
My ex-boyfriend and I lived together for 5 years. We have 2 young girls together. We went our separate ways over 2 years. ago. I let him see the girls one weekend and he refused to give the girls back to me when I went to pick them up. He has had our girls for 10 months. He now lives with another woman in a very small camper. He has no job/no income and cannot support or take care of our daughters properly. I have a steady job and I want my girls back. He lives in another state.
1 ANSWER
Landlord & Tenant Attorney serving Thibodaux, LA
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If you have allowed him to keep the girls for 10 months in another state without asking for court intervention that state is now the children's home state and you will have to seek custody in that new home state. Under Louisiana law, when there is no custody agreement, either parent has an equal right to physical custody so basically whoever has them can keep the children. I know you did not "let" him keep them and you wanted the children back but the fact that you did not seek a court order for child custody for nearly a year has allowed him to be able to claim the state he is living in is the proper state to determine custody (if he has been there that long).
Answered on Sep 19th, 2016 at 8:31 AM