Legal Question in Family Law in Louisiana

This is what is put on my divorce decree: It is hereby ordered and adjudged that that the parties shall share joint custody of the minor children of the marriage. Said minor children shall reside in the petitioner's home.(mine). Respondent is to have visitation on holidays and summer vacation. He may also call anytime and set up arrangements for seeing them. Childsupport will be paid in the amount of $400.00 per month.Both parties will split the deductibles on the insurance and any care the children need that insurance does not cover (50/50). My ex husband has paid child support off and on for the past six years, does not pay his 50% of care and has only seen them three times since the divorce. I would like to legal custody of my children. I have remarried and we would like to change my children's name. What do I need to do? We are in the military currently stationed in Louisiana. The divorce was granted in the state of Missouri, he is currently stationed in Kansas.


Asked on 6/24/10, 8:34 am

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

I would suggest filing an intrafamily adoption. I am not sure you could do it Louisiana because the reason the children are here is because the military has moved them around with their step-dad. The father has to agree to a name change. However, in Louisiana, if YOU consent to the intrafamily adoption, then the father's consent is not required if he has failed to pay support for a period of 6 months, which includes the medical payments or has not had significant contact with the children in 6 months. Find an attorney where you live for the advice. A name change is the last thing you want. If your husband adopts, then the man who is raising them and adopts them is their dad, and they get to inherit both from their bio-dad AND your husband their new dad. Only your husband would be considered the dad for inheriting from the children.

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Answered on 6/24/10, 3:36 pm


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