Legal Question in Family Law in Louisiana

my husband has joint custody of his daughter with a court order to get her every time he is off work. witch is 10 days a month because he works on the boat. his ex (they where never married) has done contempted to court order 3 times..the first by being over a hr late. and the second and third time by not showing up for the exchange at all. and now she she has told him that she isnt letting him get his daughter at all anymore.because she dont want him to have her. we have filed 2 reports with the police and now they wont take a report because we dont have the signed copy of the order from the judge yet....what do we do? this isnt fair to my husband or my step daughter, they only want to listen to the mother, but what about the rights of the fathers.....HELP!!!!


Asked on 12/12/10, 1:37 pm

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

First of all, the father should be pursuing this. He has the rights not you. No offense, but I see it all too often, the father really does not care but the new wife or girlfriend is trying to do what is right. If I am wrong, then he does not have to go to the police, file a Rule For Contempt and ask the judge to put her in jail for violating the court order.

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Answered on 12/17/10, 3:11 pm
Martha Amanda Mandi Lucas Mandie Seale Lucas

The judge needs to be made aware of her failure to abide by a court order. A motion for contempt should be filed if custody and visitation has been decided whether or not you have a copy. If these matters are pending, continue documenting the problems and make the judge aware of them at the hearing. It is important to keep track of the dates and problems occurring.

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Answered on 12/17/10, 3:14 pm


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