Legal Question in Family Law in Louisiana

Niece staying

My niece was sent to live with me 2 years ago. Her mother, my sister is on her 3rd marriage. 3 kids, 3 fathers. My niece, was said to be causing to much trouble. My sister left her under my cousin's guardianship one year, and my cousin and myself this year. With a notarized note saying we have guardian ship until August. Now that my niece is settled, she is in counseling since the time she has been here, and in a private school, my sister wants her to come home. There has been other trouble in the home with her son, age 11. My niece did come here an angry child. She is now feeling safe and secure. My sister has not given one dime this year. What can we do to keep her. We do not have alot of money. We share the responsibilities of her 50/50. She lives with me. She does not want to go back. SHe has told her mother this. Her mother insist... Can you help.


Asked on 5/21/01, 7:18 pm

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

Re: Niece staying

How old is your niece? You apparently have temporary custody by Mandate, which is good for only one year. You need to contact an attorney and file for custody. The court is mandated to decide the custody issue based on BEST INTEREST OF THE CHILD. If the child is old enough, she may have her wishes considered by the judge. If 12 or older, there is a good chance the judge will consider her opinion based on the circumstances and her intelligence and ability to express herself. If younger, then the court probably will talk with the child, but the weight he gives to her wishes depends on her maturity.

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Answered on 6/26/01, 10:22 pm


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