Legal Question in Family Law in Louisiana
My husband has 4 children with a woman he never married and in the paper work they both have equal rights to the children (they are suppose to discuss in life changing events with the other party). Right now it says that they will reside with their mother and visitation every other weekend with their father. The mother decided without discussing it with the father to allow the oldest child (10 yrs old) to come live with the maternal grandmother about 15 miles from the father in the same parish. The grandmother has enrolled the child in private school and states that she has paid for the year. No where in the paper work does it say that the child is to live with the grandparents. The grandmother wants the father to go through her on any questions he has about the child. She is not a guardian to the child only the mother and the father are. So if the the isn't going to live with the mother shouldn't he live with the father? The mother says he doesn't to live with the father, but the father is not able to contact the child to discuss this but he is only 10 so i really don't see where he has a choice the mother took them when she left the father and they didn't have a choice then. The mother lives 4 hours away and says she can not get out of her lease until June. Now the mother realizes that this might be wrong so she is willing to let the other three children (8, 6 and 4 years old) come live with their father temporarily until she can move back up her in June, but she wants him to sign something saying this is temporary and she wants him to let the 10 year old stay with the grandmother, so in other words she is willing to sacrifice the three for the one. If they move up here with him he wants it permanent, so how binding will the paperwork be if and when she moves back in June can a judge over rule that temporary paper work and grant him primary custody of the children. Also if he agrees to sign the temporary paper can he still get the oldest child? And last but not least does he continue to pay child support to the mother for the oldest child that is not living with her? Can he quit paying child support on the younger three if they live with him and not her?
2 Answer from Attorneys
Nothing is permanent incustody matters. The court looks at what is in the best interest of the children. If the written agreement between the parents was signed by the judge then both parties must adhere to it until the court agrees to a change. If this agreement is just one signed by the parties, it is time to file for custody and have custody ordered by the court. One party cannot change schools, custody, etc without agreement by the other or on orders of the court. Child support must be paid according to the support order until the Court agrees to a change.
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