Legal Question in Family Law in Louisiana

father's visitation rights

My child is 15 months old and his father is starting to want visitation rights. There is no court ordered visitation. There is ordered child support which he does not pay on a regular basis. His name is not on the birth certificate but we have taken a DNA test. He has made no effort to know my child until now. All of a sudden he wants to take him for a week. My child does not know him and has never been away from me over night before. I agreed to let him go any day but not overnight. He won't compromise. His living environment is also unsafe for a child. Now he his threatening to take me to court to share custody. I know he has rights but how likely is it that the court would let him share custody when he has not shown any previous interests? Also, I am scared if I do let my son go with him, he will not return him when I say. If he does this, will he get in trouble? Since I have custody doesn't he have to return my son when I say? If he didn't return him willingly, would I be able to get him back?


Asked on 5/27/04, 2:23 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: father's visitation rights

Let him take you to court. While I believe a child needs to know his father (if the man is appropriate) the court is not going to make the child go with a stranger. Call his bluff. If he does retain counsel, you will have to do the same so you are not blindsided.

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Answered on 5/27/04, 2:29 pm


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