Legal Question in Family Law in Louisiana

Child custody, support

My daughter, 21 years of age, has a child by a man of 21 years of age. They are not married, but do leave together with his parents. He is cruel, and abusive to her. She wants to leave Louisiana and move back to her home state of MS. My question is can she legally leave LA with the child. She is in college. She wants to continue her education. Will he have to help pay for daycare and provide medical insurance for the child. All she wants is to protect herself and the child from an abusive person. She will not leave until she knows she can legally take the child and that he will have to help support the child. He did sign the birth certificate.


Asked on 2/24/09, 11:36 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Child custody, support

Let me understand this. Until the bum is ordered to pay support,she will not leave the abusive relationship? What if he badly injures or worse, kills either or both of them? Will a support order help then? You should go get your daughter and granddaughter and move them to your home. Some may say check the law in Mississippi to see what the residence requirements are, and you can do that. But if this is truly an abusive relationship, you are wasting time. As a father and grandfather, I say go get her, and begin the legal proceedings in Miss. If he should file something in Louisiana, then hire a LA attorney and fight him. To allow those persons to live in fear of abuse or worse is not acceptable. Unless she or he has filed for custody in Louisiana, no state is the proper venue for a custody and support action. If no action has been filed in LA, there is no impediment to her leaving.

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Answered on 2/25/09, 7:28 am


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