You would need to sue mom for custody. In Louisiana, joint custody by the child's parents is the preference. However, if custody by the parents would result in substantial harm to the child, any person with whom the child has been living in a wholesome and stable environment may have custody. Without knowing the specifics of your case, it's hard to give an estimate of your likelihood of success. However, bear in mind, mom has a constitutional right to be a parent even if she has been a lousy one in the past.
Answered on Jun 29th, 2012 at 10:47 PM