QUESTION
I'm sueing my daughters father for child support thru the state of la. When we go to court, can he demand visitation?
Asked on Apr 13th, 2014 on Child Support - Louisiana
More details to this question:
My child was on the medicaid program and they requested that I file for child support thru the state. So now he threatening me with visitation. We have a court date already set. Can he request that they give him visitation or would he need to get his own lawyer and file for that?
1 ANSWER
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Alas, I have to give two answers: 1) if its through the State, then "generally" no. 2) however, I have witnessed where a judge determined visitation on the spot despite the fact the Dad hadn't filed for it and asked for it for the fist time in court, so "sometimes" yes.
The general rule is if he hasnt filed for it, he dont get it and YOU can object if he tries to bring it up in court by saying he hasnt "Pled" for it and that you are in court on YOUR motions ONLY. You definately want to have a lawyer and prepare them with any documentation (emails, texts, facebook posts...etc) that suggest he will be asking for visitation on the day of your hearing.
Good luck!
Answered on Apr 23rd, 2014 at 11:02 AM