Legal Question in Family Law in Louisiana
Hi, I'm Crystal. I'm 29, and my sister Katelyn, is 11 years old. Our mother passed away last year on March 3. Following my Mother's passing, I continued to live with my step-father, Chris, and Katelyn. September of 2010 the succession was finalized, and while at the attorney, I had Chris sign a Provisional Custody agreement, granting me full rights. �In February of this year, he was seriously injured at work and so I began caring for him
�full-time. Well, in March, I was served with foreclosure papers and that's how I found out that Chris had decided to quit paying both the house note and insurance since the succession was finalized. Nonethless, I cared for him and my sister until he moved to hometown which is an hour away from here, leaving my sister with me while he recouperates. Well, Chris stated that by the end of July he wants Katelyn back. The problem is that Chris is totally unfit. He didn't bring her to medical appointments (though she has asthma, hole in her heart, mitral valve regurgitation, and moderate hearing loss), didn't make her take her medicines, didn't make sure she had nutritious meals, or even that she had bathed and groomed herself. His idea of making her do her homework was telling her to sit and do it while he stayed in his bedroom watching TV. He wouldn't even check her work to ensure that everything assigned was completed. I had to attend her Individual Educational Plan (IEP) meetings because he wouldn't. When I worked nights, I'd come home nightly and see her in her room watching TV, and he in his. She's tell me that he ate in his room and she ate alone in the dining room, barely telling her a dozen words a day. Even when Mom was alive he was jealous over the attention my Mom devoted to Katelyn. He'd kiss my Mom goodnight and not even speak to his daughter who was right there. I can't even begin to tell you the countless times my Mom had to fuss Chris because he wouldn't acknowledge Katie when she spoke to him. And now he wants my little sister?! He says his sister will help him care for her yet she barely knows his family. They never call or visit - for birthdays she'd get a mere card). And just until a month or so ago, Katelyn didn't know her aunt has two sons - one being her Godfather. Even now, Chris has never called to talk to her or even check up on her. In fact, when my uncle or I call, he doesn't even ask to talk to her! �Katie and I have always had a special bond, but she's really stuck to me since we lost Momma so the thought of her moving is heartbreaking to the two of us. This is just some of the info I could bring up in a custody hearing, is it likely that I would receive custody? In addition, there's a police report where we called the police on him for pulling a gun on my brother, and my sister's child psychologist and teachers are willing to testify on my behalf. Also, because we were refused any information regarding the family home loan, is there a way I can fightthe lien? What about my sister, being a minor?
Any and all advice would be greatly appreciated!
Sincerely,
Crystal ���
1 Answer from Attorneys
I assume that he had Usufruct over the community home. He had a duty to preserve the property. As your mother's heirs are probably co-owners, you are entitled to all information regarding the property. You should work with the lender. If custody of your sister is pursued, the court will act in the child's best interests. You will have to show that her parent is not able or unwilling to provide a stable loving wholesome environment for the minor. At 11, the court will take her wishes into consideration. It is very difficult to place a child with someone other than a natural parent but the grounds you are stating are concerning.
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