Legal Question in Family Law in Louisiana
Deadbeat mom will not do her part!
My fiance was awarded full physical custody of son (now 1)
The child's mother was awarded visits 1 mo out of the summer and holidays every other year. She has not seen the child in almost 9 moths. She has not visited the child yet, and will not pay her $50 a month support.
However my fiance stays flexible and makes plans with the mother to visit at other times of the year.(outside of the original agreement) She has not adhered to those agreements either. Does he put himself at risk of contempt by allowing her more than the specified summer month, or is there a bigger risk if he is inflexible? (since most courts encourage Custodial parents to allow the children as much time to visit the NCP as possible)
I do not want him to risk being held in contempt by being generous with her (if she decided to go to court again) I also don't want him to risk modifications to visitations if he is inflexible. What is the law? Can we force her to visit her son? And what options do we have (as far as reducing her 1 month a summer) if she continues to not visit?
2 Answers from Attorneys
Re: Deadbeat mom will not do her part!
I have never heard of a court punishing a parent for being more generous than the order requires. I doubt that the judge would ever find him in contempt for arranging extra chances to see mom.
Re: Deadbeat mom will not do her part!
The father should be commended for being flexible with the mother. Once you get married, petition to adopt the child. The mother's consent "may be dispensed with" if she has refused or failed to pay 'court ordered support' without just cause for a period of at least 6 months, OR if she has refused or failed to visit, communicate or attempt to communicate with the child without just cause for a period of at least 6 months.
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