Legal Question in Family Law in Louisiana

drug use around child

I am the domicilarary parent for my 4 year old son. His father and I have court papers stating that there are to be no alcohol or drugs in the presence of my son. Easter weekend he went to his father's home and was introduced to marijuana. I had a hair analysis performed on him which concluded, positive. I need to know what legal actions I am entitled to take toward these actions.

He is also one year behind on my son's child support. He refuses to obtain employment to help me financialy with our son. Our court papers also mandate him to pay me $200.00 per month and he has chosen to ignore this. Is there anything I can do about this situation? Am I within my legal grounds to stop my son's visitation with his father until these issues are resolved?


Asked on 5/01/02, 3:10 pm

3 Answers from Attorneys
Andrew Casanave Andrew M. Casanave

Re: drug use around child

In addition to the other excellent advice, if the Court should be inclined to not terminate visitation, you might be able to convince the Court to either require the father to submit to drug screens or to be restricted to supervised visitation.

By all means, because of his contempt of court, you will want to request court costs and attorney's fees.

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Answered on 5/01/02, 9:54 pm
Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: drug use around child

You can rule him into court to cease the visitation, as well as have him held in contempt or court for failure to pay the child support. You can also get a judgment against him for the child support arrearage. Refusing him visitation without permission of the court would put you in the position of also being held in contempt of court.

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Answered on 5/01/02, 3:31 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: drug use around child

Immediately file to terminate visitation or in the alternative to restrict visitation. You cannot withhold visitation for his failure to pay support just as he cannot withhold support if you do not let him visit. When you file to terminate visitation, you should also ask the court to find him in contempt for failure to obey a court order and request that he be punished for the contempt. At the same time, you request the court to grant you a judgment for all back due support, plus interest, court costs and attorneys fees.

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Answered on 5/01/02, 4:05 pm


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