Legal Question in Family Law in Louisiana
I have a 4 month old daughter from my ex-boyfriend.He found out a few months ago he has another daughter who is 11 months. Since he has found out about her he has been keeping receipts on everything I ask him to do for my daughter & he says it was recommended to him for his best interest.I believe by his parents.He is not on child support.Is there anything legally he can do with receipts?Will him having receipts for purchasing stop me from being able to put him on child support if need be?There have been times when he did not give me payments for daycare which we decided to split & alternate weeks because I dont have a receipt book to give him a receipt but he hasnt got one for himself either.I know he wants daycare receipts to writeoff on taxes, can he also writeoff those other receipts.We have disagreements about things like her not being able to visit him if she has a cold or him smoking marijuana & cigars although it has been said by the pediatrician it can worsen an ear infection which she now has. He has never smoked around her but residue left on clothing can also be harmful.Also I have not let my daughter visit his family who lives out of town because she is too young to travel & him nor his parents I feel can take proper care of her.Whenever she is at their house he's aways txting me asking what to do & he cant remember her medicine dosage or have sense to even read the bottle instructions. She had a rash do to the antibiotic she is taking for the ear infection I advised him on how to treat it & his mom did the complete opposite which inconveniences my child.Sh esaid he did not tell her what to do but if she has three children of her own she should have some idea or could have called me to ask what i was doing for it or wanted her to do.My daughter lives with me.Does that mean I have sole custody because we have never gone to court for that? If he wanted joint custody what are his chances of getting it?How can I prove he is not ready to care for her solely. I wish I had never been involved with him but I was and I have a beautiful smart and precious daughter as the result.I love her more than anything in the world & I just want whats best for her.He thinks i'm trying to control when he can see her & for how long but i allow them enough time that she gets to know him & his immediate family but am completely not comfortable with anything more than i am allowing. i sometime feel like he is doing things to upset me and is thinking our daughter is not also being affectd & sometimes she is.Any advice appreciated.
1 Answer from Attorneys
Way too many details for this site. You best file for custody and child support right away. At the moment, he has as much right to the child, especially if he is on the birth certificate, as you do. One day he will not return her and there will be nothing you can do about it until you get a judgment. Also he can stop contributing at any time and you can do nothing about that either until you get a judgment for child support. You cannot refuse to let him see his child if he does not pay you, even if you have a judgment. Right now you are leaving yourself open for some really stressful times if he decides he wants his daughter. Getting everything down in a court order is the only smart thing to do.
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