Legal Question in Family Law in Louisiana

My husband left me and my 15 month old daughter in May. He refused to pay any child support or daycare until the state mandated him to do so. He filed at our local Dept of Social Services for Child Support and found out today in his meeting that he cannot afford what they are asking him to pay. Therefore he sent me a nasty email about him not paying me a dime. The issue here is that he has not seen our daughter since May. I have offered weekly and he keeps stating that "he will wait till hear what the judge decides because he isn't going to get her at my convience". Now he states he is picking her up from daycare tomorrow and keeping her until Tuesday. We have no legal papers as of yet. No custody agreement, no child support agreement...nothing. Will it hurt me in the long run if I dont let her go? Do I have to allow him visitation at this time? Please advise.


Asked on 7/01/10, 8:10 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

You have no more rights than he does.....if he shows up and takes your child there is nothing you can do....he is the father. You better file for immediate temporary custody if a court will give it to you. If not, he has the same rights as you.

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Answered on 7/02/10, 3:34 pm


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