Legal Question in Family Law in Louisiana

Re: what are my rights

You both have the right to take the children with you if there is no custody order. The problem is that neither of you probably wants them endlessly bouncing around.

I suggest that before you leave you contact an attorney and develop your plan.

Re: what are my rights

Dear LawGuru Friend,

As an attorney I never like to advise either a man nor a woman on how to go about breaking up a marriage. If you are still living with him, then for goodness' sake, you two guys get marriage counseling and try to save the marriage, especially since you have two young children! It's worth the money and it's worth a try. As a practical matter, the wife usually is favored with being named as the domiciliary parent in a joint custody arrangement. Of course, until there is a court order giving custody to one or the other parent, the parents each have exactly the same rights as to actual physical custody of the children. Of course, either party can put on what evidence he or she wants in an attempt to prove that he or she would be the better parent to be named domiciliary parent in a joint custody arrangement. Call me, and I will send you a copy of the local court's Suggested Joint Custody Plan (arrangement). My phone is (337) 478-6126. You say he will not let the children go places with you. You just have to be stronger than you have been and assert your rights to take them places with you. You have as much right to do so as he does. Of course, it takes money; and if he has more money than you do and won't share it with you, then you do indeed have a problem; but it's not a legal one. There is power in controling the purse-strings, or the check-book. Hope it all works out between you two; but if it does not, get yourself a good lawyer. Shop around and you will find a good one you can afford. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA