Legal Question in Family Law in Louisiana

emotional abuse

father w/visitation emotionaly abusing 10 yr. old son. Father is divorcing wife #3. Wants son to tesify that he saw stepmother & another woman having sex. Child says that he didn't see anything. Father keeps telling him that if he doesn't tesify, it will be his fault that his father loses everything. Father is very controlling.He told son that he was going to kidnap him and take him to S. America. Son still wants to see his father but is afraid to be alone with him. Wife #3 had father arrested for domestic violence. OCS and lawyer say that there are no laws to protect child from emotional abuse. Father has warrant on him for failure to appear for domestic violence. Is there anyway I can legally withold visitation until I can get it modified to supervised? Father is also addicted to pain pills.


Asked on 8/18/01, 6:26 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: emotional abuse

Your first obligation is to your son. So, immediately file a petition for domestic abuse protection, stating all the ways the boy's father has mentally abused him, and why he needs the protective order. The clerk of court, family court, and any women's shelter should have this form, and they will assist you in filling it out and filing it. This can all be accomplished in about 1-2 hours. The court should order him to stay away from the boy until the hearing, which should take place very quickly. He can then tell the judge his side of the story. If the judge will not sign the immediate order, your first obligation is to your son.

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Answered on 8/20/01, 6:37 pm


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