Legal Question in Family Law in Louisiana

I have a child from a previous relationship who is two years old. I have the majority of the custody of her. She lives with my husband and I and his child. Each child has their own room at our residence. Her father on the other hand has another baby on the way for his girlfriend and they live together. The baby is due very shortly and they are living in a two bedroom apartment which means that each child will not have their own room. (my husband and I did live together when we were engaged before we were married so i am not sure if the judge would look at that as being hipocritical if i am against him living with his girlfriend.) I am not comfortable with my child being taken care of by his 21 year old girlfriend who will be watching my 2 year old and her infant. he has given me problems with paying doctor's bills which he is in charge of half and we even have a police report of him taking my child out of state and him being uncooperative with the police department which is also stated in the report. he rarely has my daughter during his visitation and is constantly sending her to his parents to accomodate his social life. i do want to take him to court but what will be my strong points in this situation legally to hold against him?


Asked on 9/06/10, 2:29 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

If you go to court, remember, the law in Louisiana regarding children is that what is ordered or adjudged must be in the best interest of the child. A child is believed to need both of his/her natural parents. You don't tell me the age of any of the parties except the girlfriend. Her age will not be a factor in deciding custody and she is a parent. The judge will probably take into consideration the suitability of households, accommodation of the child while the parent is working, the parent's fitness and their desire to parent the child. That there are loving grandparents willing to help on his side is just a plus for him. But, the judge may look into the activities he engages in when he is allowed time with his child. Kidnapping and failure to support will count against him as long as you were cooperative with visitation.

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Answered on 9/12/10, 3:06 am


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