Legal Question in Family Law in Louisiana

I was always the primary caretaker of my two children ages 3 and 6 as a stay at home mother. We were ignorred and neglected by my ex husband who never spoke to us. I filed for a divorce and moved out of state with the children from Louisiana to Texas. My ex husband agreed that they be with me, he cosigned my lease. I continued to make every effort possible to get him to develope a relationship with them by calling daily, and driving them to and from his state every month. He would not speak to them on the phone, and would pawn them off onto the grandmother when they visited him. My ex husband finaly answered the divorce and filed for full custody a year and a half later on the grounds that I moved in with my boyfriend and became pregnant, and my boyfriend was showing the children much needed attention and positave role model. I was threatened into signing them over to him outside of court for the school year. Since they have moved in with him three months ago, he has been underminding my relationship with them, taken all my rights away, refusing to communicate with me about them at all, refusing me my visitation rights, ignorring and neglecting the children causing severe psychological, mental, emotional and physical health impact on them. He has moved in a married woman and her four children into his three bedroom home, sleeping four kids in a room. My son started kintergarden and is doing poorly and showing bad conduct. He is starving through the day because my ex refuses to pack his lunch or feed him breakfast. They are constantly sick and uncared for, pawned off onto the grandmother despite her obssessive borderline incestious behaviour with them. They have been left in the car alone, lost in public, and told I abandoned them and I do not love them. My ex husband and his girlfriend, and the grandmother badmouth me in front of them. And on the events that I DO see my children, they cry to come home with me.

I still live out of state, have been remarried, they love my husband and know him well, they both wish to stay with us. I also have a 9 month old baby with my husband. Our community, schools, economy, home standartd of living, and parental support here is far superior and better for them than living with my ex husband.

Is this good enough to motion a change of custody to have them here with me and my husband for the school year? Or do you think the courts will throw my case out and just issue more visitation for me? I am also afraid he will respond, suing me for child support even though his household income is double mine and I do not work.


Asked on 11/10/09, 10:29 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Sorry, but I am amazed that an answer is requested for so complicated factual and legal situations that people would depend on from a FREE service!! If someone on this site wishes to attack your situation, God bless them, I won't.....but my advice is hire an attorney where your husband filed.......mere immorality is usually not a GROUNDS for a decision concerning custody......

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Answered on 11/15/09, 8:16 pm


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