Legal Question in Family Law in Louisiana
Never Married, Never Lived Together
I was in a relationship that yeilded a pregnancy, but was never married to the father nor lived with him. My son lives with me and always has. We have not been to court and have no court orders regarding custody or child support. Does the law recognize me, the mother, as the sole custodian of the child until otherwise specified by court order? What, if any, are the laws protecting me from the father 'kidnapping' my baby? Am I allowed to cross state lines?
1 Answer from Attorneys
Re: Never Married, Never Lived Together
The law does not recognize you as sole custodian of your child. The law does not recognize the father as sole custodian of his child. Mother and Father are 50-50 unless there is a court order altering that division. The father may take physical custody of his child at any time until there is a court order which prohibits or limits his right to his child. You are allowed to cross state lines unless and until there is a court order prohibiting that. The father may cross state lines unless and until there is a court order prohibiting that. Should he gain physical custody, he has no obligation to let you visit or have your child without a court order.
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