Legal Question in Family Law in Louisiana

I took my child and left my husband and fled to another parish for refuge from his abuse and the fact my daughter told me he had dropped her at a man's house and left her and the man touched her. I have a court date for a restraining order in the parish where I am residing, however he went and filed for divorce in the parish I left, stating all kinds of lies about me and asked for sole custody of our young daughter. I know he just wants to get her to intimidate her into not talking about what happened to her and his drug use which she witnessed. I have had her in counceling for the last few weeks and they say she has not revealed what happened but they can tell something did, that it will take more time to build a repor with her. My concern is, I have had arrest for drug charges with child endangerment, he kept me drugged and I was trying to leave him with my child and wrecked the car. It has not gone to court and I have not been convicted, but I am worried that in spite of what he has done and how this has transpired that I could lose my child. What can I do to make the court realize the nightmare we have lived? Can I counter sue for divorce and get a change of venue to parish I have moved to and where my child now resides? I never intend to move back to the parish where he filed and he lives.


Asked on 6/21/12, 6:21 am

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

The court which received the first filing should be the court which hears the case but you will have to show necessity for the move from your original parish. Yes you can file an answer and reconventional demand seeking custody. You will need to prove the allegation of being drugged. It should not matter which parish hears the matter, the courts will decide the matter in the best interest of the child.

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Answered on 6/29/12, 7:32 pm


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