Legal Question in Family Law in Louisiana
Regaining Domicilary Coustody
In 2004 I gave my ex husband domicialry rights over our twins, but we remained joint custodians. I current went to court In April to fight to regain my domicialry status. After much battle, all I was given was visitation rights every other weekend and I also have to pay support. What steps should I take to try and regain domicialry custody? I have been back in the children's lives since April (Only because of court orders). My attorney is telling me that because I gave him the domicialry and choose to move away fron the parish they have been domiciled in for the last 9 years I am going to have a tough time. Is that true? They live in Avoyelles Parish and I live in Jefferson Parish.
2 Answers from Attorneys
Re: Regaining Domicilary Coustody
Unless the other parent is doing something wrong as a parent it will be hard to convince a judge that it is in the children's best interest to remove them from their home of the last 9 years and place them in a different place.
Not only has the father been the primary caregiver, but these children have community relationships (school, church, clubs, sports, activities, etc.).
Your lawyer has advised you wisely.
Re: Regaining Domicilary Coustody
Ditto to Mr. Casanave's response. Additionally, it seems you have been out of their lives for almost 3 years and back in for 7 months, so I cannot see you getting domiciliary status even if you moved back to their parish.
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