Legal Question in Family Law in Louisiana
My husband and I have been separated for over 2 months, neither of us have filed for divorce yet but I will after we have lived separate for a year. He has moved in with his girlfriend (of 3-4 weeks) and our daughter spends the night there when he has her (he has our daughter 3 nights a week, I have her 4). I am not comfortable with my daughter sleeping at his girlfriend's house. Do I have any legal backing regarding this issue?
3 Answers from Attorneys
You or he can file after 6 months or file now and litigate visitation and custody. As to whether the visitation can be curtailed due to a live-in relationship, it will depend on the Court's interpretation of what is in the child's best interest. Often courts will not prevent visitation if the live-in relationship is stable.
Ms Lucas is incorrect.......you must separated a year because you have a minor child. Why can't you file on the grounds of adultery and get a quicker divorce? I do not know where in Louisiana you live, but I believe most will put a paragraph in any custody order that forbids a person of the opposite sex who is not a relative from spending the night while the child is spending the night. This includes both your husband and yourself.
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