Legal Question in Family Law in Louisiana

Legal Rights to a Child & Bigamy

What is the penalty for Bigamy in the State of Louisiana. A person that has two wifes. The person is pending divorce, but re-marries whiel pending the divorce is final. Also, who has rights to a child born out-of-wedlock. If the mother dies before the child reaches age 18, who will the child go to, the biological Father,Mogther's parents, Brother, Sister, etc. I would appreciate your answer/reply.

Thank You


Asked on 5/02/01, 2:31 am

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

Re: Legal Rights to a Child & Bigamy

BIGAMY carries a penalty of not more than a $1,000 fine, or imprisonment with or without hard labor, for not more than 5 years, or both. (R.S. 14:76) The second spouse could be charged with ABETTING IN BIGAMY, if she is unmarried, and marries with the knowledge that her new husband is married, and without a reasonable and honest belief that the new husband is divorced, or his marriage annulled, or that his 1st wife is dead.(R.S. 14:77) The penalty for ABETTING IN BIGAMY is the same as BIGAMY.

As for the child, it depends on a number of factors, with "the best interests of the child" being paramount. The court will consider the father first, then other relatives, and then interested parties.

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Answered on 6/19/01, 2:17 pm


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