Legal Question in Family Law in Louisiana

Joint Child Custody Without set visitation

His mother wasnt taking proper care of him. He wasnt attending school. So we had a paper drawn up by an attorney giving us primary domiciliary custody. Still having joint custody but no set visitation. We let him go as often as possible but she doesnt bring hi back like shes suppose to. Its the holidays he plays sports so she took him on Thurs. And he was due back Mon for 5:00 she never called or showed up. I called and they sayed he was in the hospital. I called the hospital and he wasnt there. I called the motel that she lives in and they arent answering the phone. I called tuesday morning still no answer. I need to know if I can call the law and report him as kidnapped or what is my rights at this point?


Asked on 4/17/01, 9:01 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Joint Child Custody Without set visitation

It depends on the wording of the court order or judgment. If all you have is a paper signed by both parents which has not been a judgment of the court, then there is nothing for the authorities to enforce. If the original joint custody court order spelled out visitation and the mother is in violation of that, then you might try to get the police to enforce that. Joint custody in Louisiana does not mean 50-50 sharing unless stated as such. You could ask the court to make the agreement the lawyer drew up a judgment of the court, or you could ask the court to issue a civil pick-up order. You could even tell the police where the mother was living and you were worried about the child's safety and they might take it upon themselves to investigate the place.

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Answered on 6/12/01, 4:50 pm


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