Legal Question in Family Law in Louisiana
I have a friend in Lafayette, LA who is divorced from his ex-wife (9 years ago). The couple have two sons together ages 13yrs old and 9 yrs old. In the divorce proceedings, the issue of child custody was never addressed. The children stayed with the mother who wouldn't allow the father to visit with them. (She remarried 6 months after the divorce was final). For a period of 8 years, the father visited and/or communicated with the children on approximately seven occasions. Never longer than a weekend stay. During this time, the mother pressed child support and was granted it. The father, who did not know the well being of his children, didn't pay during the years that she would not allow him to see the children. He is now $18,000.00 in arears. He has the boys this summer,for the first time. The 13yr old has expressed that he wants to live with the father. The mother is separated from her husband and has a live-in boyfriend. Throughout the years, she has used the services of child support enforcement, but had not allowed any visitations during those times. The father wants custody of the 13 year old and if the 9 year old wants to stay with him, he would like custody of him as well. What are his rights and what can he do with his present situation? Can he get custody of his son or sons? What can he do about his arrears child support record? His 13 year old son doesn't want to return to the mother's home. What are the father's legal rights? What should he do? He can't afford attorney's fees. He works as a concrete finisher and work has been slow for the past year.
1 Answer from Attorneys
He needs a good honest attorney. Saying "she would not allow him visitation" is a lame excuse and no court worth its salt will think otherwise. Just like the fact that his "friend", you, is writing this, shows he really could not care less. And what kid would not want to live with an obviously father who does not care because they can roll right over them. The mother took care of these kids when the father would not. It would have taken NOTHING for him to file to enforce visitation. And lack of visits does not excuse failure to pay. So guess what....he may get both kids, but he still owes the mother, thats right the mother, $18,000. Now lets see how fast he wants them now. He now has the kids and gets to pay the WHOLE expense for both of them.
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