Legal Question in Family Law in Louisiana

Getting a divorce and full custody

Me and my husband got married about 4yrs ago in Louisiana and because of Hurricane Katrina we relocated to Kansas last year we have always had problems and in October of this year I couldnt take it anymore and left for Texas. I didnt take our 6yr old daughter because of school. He is very upset that I dont want him and has threatened me saying he will get full custody of her. He doesnt take care of her his sister does. And I want her with me. Can I get my daughter from him without consequences? Because he isnt on her birth certificate and I've only been gone 2 months. Can he say Ive abandoned her? Will I get in any trouble if I just get her for Christmas and keep her? I love my daughter and I am perfectly capable of taking care of her on my own. Also how would I go about filing for divorce since I got married in Louisiana, he lives in Kansas and I live in Texas now?


Asked on 12/12/06, 4:34 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Getting a divorce and full custody

I agree with Ms. Brochstein, but want to add, that, if you have your child with you, you could file a Suit Affecting Parent-Child Relationship, and after you have been here six months, add the divorce pleadings. It would not address the divorce and property issues, but would temporarily address the issues of child custody, visitation and support.

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Answered on 12/13/06, 7:36 am
Fran Brochstein Attorney & Mediator

Re: Getting a divorce and full custody

Where you married is not relevant.

You must live in Texas for at least 6 months and in the same county for 90 days in order to file for divorce.

If you want a free phone consultation, call me at 713.847.6000.

Good luck!

Merry Christmas!

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Answered on 12/13/06, 12:48 am


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