Legal Question in Family Law in Louisiana

my ex-husband is refusing to return our daughter to me. I am domiciliary parent of her during the school term. He is claiming that there is a hand print bruise on her buttock from me and he has filed a police report. I did not notice any marks on her before she went to his home on friday evening and he also did not file a report until Saturday night. I have not been contacted by anyone from the sheriffs office or child services in regards to this matter. I spoke with the officer that took my ex's report and he as well as an ocs worker informed me that if I have not been contacted then she is to return home to me per court ordered custody agreement. I have filed police reports at the time she was supposed to be home and at 24 hours past when she was supposed to be home and 48 hours past. All I am being told by the police officers taking the reports is that they cannot go and get her, it is a civil matter. I am a single mother of 2 and currently on short term disability. I need to know what I need to do to get my daughter home to me and how I can prevent this from happening again.


Asked on 11/02/10, 3:46 pm

2 Answers from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

You will need to file a motion to have the child returned home and contempt of court proceeding.

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Answered on 11/07/10, 6:29 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

Take a certified copy of your Judgment that points out that you should have the child on the date she is to be returned. Take that to the sheriff's office or the police who has jurisdiction over your husband's location and ask them to go with you to get the child back.

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Answered on 11/08/10, 3:08 pm


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