Legal Question in Family Law in Louisiana
I know I may have asked this question before, and I'm very appreciative of the information I've received, and I'm aware that I've been answered by the same attorney several times who has been genereous and I'm sorry if it appears as though I'm not comprehending by repeating my questions, but when I repeat a question it's because I may be adding another detail that may change the answer. I'll ask this for the last time just because I'm about to enter into an agreement with a WI attorney, my funds are low and as garnishment is to begin this week to bolster my savings, I want to be absolutely sure I was told the correct information so as to not retain another attorney if unnecessary. I have a Judgment which was signed in Lafayette, LA concerning my giving permission to my former spouse to leave LA with my then 15 y.o. autistic daughter. Due to the distance, the visitation schedule was altered from the original visitation schedule which was the every other weekend, one evening per week schedule to a schedule of 3 times yearly, during Christmas, Easter, and summer break, with a 45 prior written notice necessary and all visitation to occur in his new state, with me bearing the total cost of the visits. I don't pay child support so that was how that was supported. There was no mention of his need to communicate with me even though we were awarded Joint Custody and that is understood to be what is involved with Joint Custody. He doesn't communicate with me at all, and I would like to change that. I only find out about Susan through her school personnel. What I want to know is 1) Since she and he have lived in another state since March 2010, is it absolutely clear that there is no way I can change the visitation schedule, change to make him pay half of visitation expenses, or file a motion for contempt for noncommunication (hopefully that motion can be done, though I don't know since it wasn't expressly written he needed to do that in the Judgment, though that's inherent in Joint Custody) in Louisiana and that all proceedings involving this particular Judgment have to be handled in their state? I ask this requesting that you consider the unusualness of this Judgment since it begins stating that I have given permission for them to leave LA. Also related, if I can pursue this in LA, does it have to be done only in Lafayette, or can it be pursued in another part of LA? In addition, the former visitation Judgment which had the customary schedule had a restriction written in the Joint Plan where it forbid me to groom her. That was put in because he is the primary domiciliary parent and wanted to anger me by taking power from me. However, in the new Joint Custody Judgment concerning the 3 time yearly schedule, it was written that the former Joint Custody plan is rescinded in its entirety. So, I ask you if that means that if I do grooming for her now, would I be in contempt. My feeling is no, but I want to be sure. Since she's autistic, she can't self-groom well. I hope I will get a response and I'm sorry if it appears redundant.
2 Answers from Attorneys
He must communicate with you but it will depend on the judge as to whether he will be found in contempt or merely ordered to communicate with you. Any contempt hearing or change of venue(state or parish of original filing) has to be heard first by the originating court unless there was an order or agreement to change venue. It is wise to get a Wisconsin attorney because more than likely there will have to be hearings there if your ex is in noncompliance with the original court orders. If the original custody order was rescinded in it's entirety then the prohibition against your grooming your daughter was rescinded also. I am surprised that any Judge agreed to that originally without agreement of the parties.
You file in Lafayette as the ONLY court having jurisdiction. It may be changed later but right now it is Lafayette. If the original Judgment is no longer in effect, then throw it away.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
