Legal Question in Family Law in Louisiana
What to do now?
How does one go about changing custody arrangements with regard to a child who was taken out of state by his mother under the guise of going a thousand miles to visit grandma? This happened to my friend about four years ago. He found out after the child was out of state with it's Mother that she had no intention of returning. Michigan Law now states that no child is allowed to be taken more than 100 miles from it's non custodial parent without court permission. In this case, which preceeds the law, the father was under the impression that his wife was visiting her mother for the summer. Isn't there some recourse for the guy who pays exhorbitant airline fees the several times a year he is allowed to see his child? His urgency now increased by the boy's failing grades in school. The guy has other unresolved issues to deal with since the divorce settlement was left open while he attempted to resolve their mutual credit card debt. She filed for bankruptcy protection and therefore had no responsibility for the debt. I think he needs to get some legal counsel, but the ex wife lives in Louisiana and he lives and works in Michigan. What would your advice be?--name removed--
3 Answers from Attorneys
Re: What to do now?
If the guy can pay for airline tickets, he can pay for a lawyer, which is exactly what he needs. Why are you so worried about him when what he really needs is a good lawyer. The fact that he has allowed this to go on for so many years will not help him get the child back. William S. Stern 248-353-9400
Re: What to do now?
If the divorce was filed and judgment was rendered in Louisiana, and one of the parties and the child are still in Louisiana, then a petition should be filed in the Louisiana court that had jurisdiction over the divorce. Contact a lawyer in Louisiana.
Re: What to do now?
Unfortunately he allowed this to wait four years. Had he gone to court in his home state in the first few (6 or less) months he could have kept the case in his home state. Now he must file in Louisiana as the child has become a Louisiana resident.
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