Legal Question in Family Law in Louisiana
Child Custosdy Across States
My wife allowed her 10-year-old son to visit his father in Louisiana for the summer. We are in Maryland. She has had custosdy of him all of his life. Her former boyfriend and her son's father expressed a desire to keep her son in LA and have him attend school there, but this was never discussed or agreed to prior to him (the son) coming to visit.
She spoke to a lawyer who told her to file an Emergency Custosdy Order with a judge in here Maryland. Her lawyer told her...she was required to ''call the father'' of her son to let him know she was filing this order. (Which she did) He in turn and in the process...he went to court in Louisiana and filed a false child-abuse order against her. So right now, according to Louisiana, she is not allowed to come near her own son. What advice can you give us? Please help....thanks
3 Answers from Attorneys
Re: Child Custosdy Across States
You should retain the services of an attorney in La.
Re: Child Custosdy Across States
Hire Louisiana counsel using your Maryland counsel to assist and have them look into the charges.
Re: Child Custosdy Across States
The prior answers provided do not address your issue fully. Now that an action is pending in La. the assistance of an attorney in that state is necessitated. However, the more important aspect is to gain custody of you child and to do so in a court in Maryland. If the child has resided with Mom in Maryland and there are demonstrable ties then you need to file for a custodial petition in Maryland.
Unfortunately, this matter may have been addressed with less monetary cost. Mom's ex-boyfriend has raised the stakes in terms of legal costs. The outcome truly rests upon the relative skill of the attorneys and financial ability of the parties to pursue the matter legally.
Hiring an attorney in La. to address the matter in that State may require that you hire an attorney in Maryland to prepare, present and communicate relevant factual matter to overcome the La. action. Your appearance in La. is a given now that an action lies.
Other avenues may exist. You need to speak with an attorney before this matter escalates.
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