Legal Question in Family Law in Louisiana
Custody of 2 yr. old
My friend has a 2 yr old son with his exgirlfriend. He has not seen his son since October of 2005. In July of 2005 my friend found out that his ex started dating a convicted felon. Shortly after, the felon shot at my friend's car as he was driving down the street. There is a pending court case on that incident. Is it against the law to expose a young child to a known ''unrelated'' felon? If indeed this is a violation of some kind of child welfare, how likely would it be for my friend to receive sole custody? There is also the fact that the exgirlfriend moved out of Louisiana with the child. The father has no idea where the child is, what living conditions the child is in, and no contact information. Is this a violation of any law? The felon and exgirlfriend allegedly have since had a child together. In my opinion, this would establish a continued relationship and exposes the child to a life style full of criminal activity. Apparently, if my friend files a petition he will automatically have to pay child support. He currently has a bank acct. set up for the child. How extreme do the cases have to be other than the obvious, to gain full custody? Forces of nature prevented him from filing for sole custody before. Thank you in advance.
1 Answer from Attorneys
Re: Custody of 2 yr. old
First, exposing a child to a convicted felon is not a crime. It is not usually a good move.
If your friend is like most unwed fathers there probably is no child custody order. I would suggest that he contact an attorney. If he cannot get domiciliary custody he can at least force the mother to abide by certain rules, including the regulation of her choice of companions. He can also establish rules regarding visitation.