Legal Question in Family Law in Louisiana

Male in Louisiana

I currently have a 6 (soon to b 7 ) yr old child by a woman who I use to live with and was going to marry. He is the second born from her. And he is the only one biologically mine. She now currently has three children. Things didn't work out and we separated, leaving her trying to use child support as a financial gain instead of need (or getting help from other father of her two children). I have been there for my son since he was born and still am there. I fought child support in court with a lawyer and won joint custody where she keeps him a week. Then I keep him another week. She remains custodial parent. The rotation continues every week.

I've always said something mental was wrong with my ex. She was always up and down in emotions to a point where she started to physically abuse me. This is what cause us to separate (or should I say, cause me to leave). Things have been fine but now she is starting to become very disruptive in my life and now threatening to move and take my son away from me.

Here is my question: She slipped up a while back and mention that I was right, that something was wrong with her and she was diagnosed as a manic depressive. (although I don't know who diagnosed her): Is there a law in Louisiana that would help me get full custody of my son.

1. My son never wants to stay with his mom. Has been that way since he could talk.

2. he loves his brothers but still rather lives with me.

3. she has to coheres him into gifts and nights out to make him really want to come home.

something is not right! ...but my son says he is not being abused but says mom is always hollering when he gets in trouble. Which I know is her manic depression. And she does not take medication at all.

1st question: Can I get full custody because of her having been MD diagnosed and not on MEDs?

2nd question: If I call all the psychiatric clinics in the area, is there a way to find out if she was a patient at any of the local clinics to find out if she was telling the truth about her being diagnosed?


Asked on 9/30/10, 2:25 am

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

Joint custody is presumed to be in the best interest of the child. She cannot move without returning to court to get permission. In order to get sole custody she will have to be proven an unfit parent and medical records can be subpoenaed in a court proceeding otherwise the records are confidential.

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Answered on 10/05/10, 4:33 pm


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