Legal Question in Family Law in Louisiana

My girlfriend and I split up. We have a four month old son, and both our names are on the birth certificate. We are not married. She has decided to leave the home and take him with her. She is bringing him back in a couple days, while she is at work. Can I legally keep him once she brings him back? There have been no court orders or papers drawn up.


Asked on 11/16/12, 10:47 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Why do it the wrong way, when doing it the correct way makes more sense. The truth is the child is living away from you with her and she brought him to you while she works. If you tell the truth, then the police will see that you were baby sitting and probably would make you give the child to his mother. Then you will play hell getting her to agree to let you have your son, so you will end up in court anyway. So, talk to her about some sort of mutually agreeable custody/visitation plan. Then put it in writing, get a Judge to make it the order of the court and then both of you have something to enforce. BTW, is she the one working? How would you convince a Judge that you have always been ready willing and able to support your child from the moment you discovered your girlfriend was pregnant until today and for at least the next 18 years if you are not working? If you are working, then you must have a plan for when you are at work.....etc.

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Answered on 11/17/12, 1:37 am


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