Legal Question in Family Law in Louisiana
If I got divorced from my wife and we had a child together and the court gave us joint custody but our child has lived with me the entire three and a half years since the divorce and her mother was never around can she come and try to get full custody of the child? Can I since our daughter doesn't even know who she is anymore? She was even ordered to pay child support and I have received none. I have not even seen her mother in more than two years and have never received any help from her. Can I get full custody?
1 Answer from Attorneys
You can file anything and she can file anything. If you are re-married, I would advise an Intrafamily adoption. Then you are dad and your wife is mom. If you are not re-married, then I would not worry about the ex-wife except I would tell you to go after her for contempt of court for not paying support. You are depriving your child of the support that SHE is entitled to, not you, SHE is entitled to. I do not care what amount of money you make, your daughter deserves the support her "mom" should be paying and even if you just put it into an account, it is hers. So, even if you are married and you do an intrafamily adoption, go after ALL the back support.