Legal Question in Family Law in Louisiana

Re: Children in the state of LA.

Under Louisiana Revised Statute Title 9:355.2, an order regarding custody of or visitation with a child issued after August 15, 1997 shall have this subpart apply to it. If the petition filed by your daughter has an order regarding custody or visitation then that order has to include the above subpart. That subpart says she must get the baby's dad's permission to take the child out of state. And if he refuses then she must petition the court to allow her to leave. So, without knowing if that order exists, I cannot tell you more. If it does not exist, I know some lawyers who would tell her to dismiss her divorce here, move to VA. and become a citizen of that state and then file for divorce there.....especially if the dad is going to be in jail for a long time. Lastly, I do not have a clue what the "mistakes that was made on the childs birth certificate" means.

Re: Children in the state of LA.

Dear LawGuru Friend,

If the father of the child is in jail, I do not know of any reason why she cannot take the child and leave Louisiana. Of course, if since she has filed papers for a divorce (there is no such thing as a legal separation any more in Louisiana), and if the father has contested it and asked that she not be allowed to take the child out of the state; and, further, if the judge has ordered her not to do so, then she should take steps to get that judge's order rescinded; nevertheless, she should not violate the judge's order, assuming it was legally granted; and, even if she thinks it's was illegally granted, she should still not defy it, but should set about to have it rescinded. Best of luck to her, the child and to you! Call a Louisiana lawyer and discuss this with him on the phone. Most lawyers don't charge for just talking on the phone. They will tell you what they think they can and cannot do to help your daughter and her child. Again, good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA