Legal Question in Family Law in Louisiana

I have a question regarding visitation when parents live in different states.

I met my daughter's father here in Louisiana. She was born in Louisiana. We moved to Indiana for a year, and I just returned back to Louisiana on January 26, 2001.''John'' stayed up in Indiana, and has no desire to move back to Louisiana, as his family is up in Indiana. Now he wants to see our daughter who is only 4 years old. I will not let her go 1000 miles away with him..and it is causing problems. I left him due to domestic violence..but do not wish to have an ugly court trial with him . I don't know exactly what he is planning, and have no money to pay an attorney for this . I have tried to ask legal aid questions..and never get a clear answer on anything. Which laws does the court go by, and would he be able to take her to Indiana for visitation? What rights does he have and what exactly can he do? We were not married, but do have paternity established. Please help, I am a nervous wreck. My family is all in Louisiana, and my son's father lives in Louisiana also.My son is 14 years old. None of us wish to go back to Indiana and we are very happy back here in our hometown. My children are in school, and I am employed.


Asked on 4/17/01, 12:08 pm

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

Re: I have a question regarding visitation when parents live in different states

You say paternity was established. Was that done by court order, by acknowleging paternity by affidavit, or by signing an acknowlegment at the hospital and his name appearing on the birth certificate? All 50 states recognize the uniform child custody jurisdiction act. Basically, the juvenile court where the child is would take jurisdiction. However, if there is no custody order awarding you custody, then the dad can come and get the child at any time and there would be nothing you could do. So, if you do not have custody, you need to file immediately. That would assure the jurisdiction would be in La. and then you can get sole custody or be named domiciliary parent. If you are working and all your family is in La., then it should be easy for you to get an attorney to get the rule for custody filed.........

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Answered on 6/12/01, 5:10 pm


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