Legal Question in Family Law in Louisiana

Joint Custody with no visitation stipulations

A few years ago, my mother and father attempted to receive custody of my daughter because of her father's actions. They lost however, and her father and I were awarded joint custody....period. There have never been any stipulations about child support or visitation. For the first half of her life he was never around, never provided for her, and was even abusive(only documented by witnesses and video footage of some bruises).He also has a history of dating girls below the legal age limit(only documented by witnesses), as I was under 18 at the time we got together. Since I started seeing her soon to be step father, he suddenly says he wants to be in her life. but his visitations are erratic at best and he often goes without seeing or calling her for weeks. He has also broken several verbal agreements about her. To summarize, his behavior in these issues is unhealthy for her. since there are no stipulations currently, do i have to let her go with him at all? and how can i find out if the 300 he gives me a month is the proper amount?


Asked on 6/15/03, 9:34 am

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

Re: Joint Custody with no visitation stipulations

Since your child's father now has court recognized joint custody, he has equal access to his child with you. I assume that since there is no visitation or support judgment in place that you have not been designated the domiciliary parent. If that is the case, the father of the child may decide not to return your child after his next visitation and you cannot do anything about it until you get a court order. The first mistake you made was having a child out of wedlock. The next mistake you made was not having a court order naming you domiciliary parent and setting both the visitation and child support. Get to an attorney Monday morning and have something filed to protect your interest or you may be searching for your child if her father decides to take off with her.

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Answered on 6/15/03, 9:44 am


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