Legal Question in Family Law in Louisiana

I have divorce papers that my friend used for his divorce. He had no assets or children with his wife. I, myself, do not have assets with my wife but I do have 2 boys; 8 & 6 years old. I am the custodial parent. She dumped the boys in foster care in Colorado a year ago. They stayed in foster care until the courts were able to release my boys to me in Louisiana where I live. They now live with me in Louisiana and she has no contact. The state of CO still has some rights to the boys til the case is fully closed. My wife is now living somewhere in Georgia the last I heard from her in an email but I am not sure of the address or phone number. I tried to located her via internet but it seems she does not have her own place in Georgia. Can I use the divorce papers that I have? Can I not mention the boys in the divorce and leave the children to a seperate legal matter when the courts release all rights to them? IF I can use the documents I have, I have to announce the divorce in her local newspaper if she is not found, correct? Please I don't have much money but I really need some advice. The documents that I have are: 103 affidavit, 103 Petition, acceptance of service, Clerk letters 1,2,&3, Consent judgment and Judgment of divorce. Thanks John


Asked on 10/20/09, 4:26 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

You cannot leave your children out of the Petition for Divorce. You have to tell the court under oath how many children you have......when you say none, you will have committed a crime. Do you want Louisiana to take your children? Call the bar association in the parish where you live and they can help you.

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Answered on 10/25/09, 5:02 pm


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