Legal Question in Family Law in Louisiana
One of my ex girlfriends and I had a son together. I wound up having him in my possession after I had to flee with him to another state due to some physical abuse toward me and neglect toward our son from her. I almost wound up homeless, and so I turned back to her to take back her son, and she refused. I then turned to my recent ex and gave my son to her to take care of. My question is this, with no legal court order of custody nor restraining orders against either parent, is it okay to give my son to someone else to take care of him if I am unable to and the birth mother refuses to take him when offered and once he is with this person does this person then have custody of my son by rights of having possession of the child at the time? Local law enforcement did tell me that whoever has possession has custody, so would this be true for anyone whether they are parent or not?
2 Answers from Attorneys
That is not the case. A parent has natural custody. A nonparent without legal custody, obtained from a court, will be unable to enroll the child in school, obtain benefits or health care for the child. If you are going to do this, you should at least give provisional custody to the caretaker. An attorney or legal services provider will do this for you. It is a notartized agreement signed by the Court.
Get custody from a court.
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