Legal Question in Family Law in Louisiana

My soon to be exhusband wants to take the baby for a visit. He has been extremely inconsistent in his visits and I have usually accomodated him as best I could. I have even went out of my way to offer weekly overnight visit because the baby is not even two yet and I feel that it would be better for her and my ex if it were more frequent and not an entire weekend ( Sat afternoon to sunday afternoon). However I have learned that he has warrants for his arrest, no car insurance and possibly no drivers license. I am very reluctant to let him take the baby until he takes care of his circumstances, I dont feel that she needs to be involved in any of it, especially because of his criminal history. (there is no standing enforceable order that defines the terms of his visits becuase of $$ due to the clerk of court)

Am i setting myelf up for being repromanded for denying visitation?


Asked on 11/11/09, 4:08 pm

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

Yes and no. It sounds as if you have legitimate concerns. Nevertheless, it is not up to you to make the determination that the child can't go with him. You should file an emergency injunction with the court and ask for an expedited hearing to determine whether the father has warrants, a driver's license, auto insurance,etc. If you simply deny him visitation and you turn out to be wrong about your allegations, you will be held in contempt of court for refusing to honor the court's orders about visitation.

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Answered on 11/18/09, 4:56 pm


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