Legal Question in Family Law in Louisiana

child custody agreement

We have a granddaughter and her son living with us since his birth Oct 31,2007 and sometimes the father,too. During one of their breakups he had a custody agreement drawn up. She is the dimocile parent and the visitation was okay. He was to pay $300.00 a month which he only paid 2months. He was given the right to claim the child on his income tax every year. If 1 stipulation in the agreement is not followed does it void the others? We claimed him last year and feel like we should be able to again this year because we support the child - his father does not! We house him, we feed him, we supply with diapers, clothes and anything else he needs. That sounds like support!!! Please give me some advice. The father is irresponsible, lazy, selfish, and self centered but I can't get my granddaughter to wake up get rid of him!! Can we legally claim the child? Thank you.


Asked on 12/30/08, 4:38 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: child custody agreement

A Court Judgment or order cannot be changed except by another court order. If the agreement was never sent to the court and a Judgment recognizing the agreement was not issued, then you could argue that there is no agreement. You should file for custody of the child, or at least sit down with an attorney and do it correctly. If there is a Court order giving him the right to claim the child, you could get in trouble with the IRS.

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Answered on 12/30/08, 4:44 pm


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