Legal Question in Family Law in Louisiana
me and my daughters mother have an court order for us to split the custody in half i was suppose to get my daughter on sundays at 2pm til wednesday 2pm where her mother would pick her up from daycare at 2pm on wednesdays so on april 11th 2010 i was suppose to meet her at a resurant for 2pm but she never came and didnt answer the phone and she change her phone number and i havent seen her since and i talk to some of her family members and her aunt said she moved to Atlant GA. and we have a childsupport trial set for june 4th 2010 but i have a mandatory training in north carolina from the 31st of may to the 19th of june and i was trying to get intouch with her lawyer so we can discuss us moving the date but she isnt returning my calls so what do i do about this
2 Answers from Attorneys
I do not practice in your state, so I cannot give legal advice about your question about your case. However, I can give you general advice.
First, Louisiana probably has a statute that talks about what a parent must do before he or she moves, whether it's with the child or the parent alone. In my state, the moving parent must give 30 days notice before moving.
Second, I assume 'training' means military. If that is the case, do not simply fail to show at the hearing. Failing to appear means you have no opportunity to speak on your behalf. Immediately notify the court that you request a continuance, state your reasons, give a name and number or your boss or CO so the court can verify that the training is mandatory.
Third, mom's lawyer really isn't obligated to return your calls. If you are represented by an attorney, mom's lawyer cannot speak to you without violating the rules of professional responsibility. If you do not have an attorney -- if you are representing yourself -- then mom's lawyer should take your call. In any event, you must take responsibility for alerting the court and asking for a continuance.
You need to get an attorney right away. Louisiana does have a statute concerning a parent moving the child out of state.