Legal Question in Family Law in Louisiana

I have been seperated for a few months from my husband, we have a 3 year old together. My question is, if our divorce has not been filed yet, and I am dating someone else, can I live with the man I've been dating without my son. I understand that when I have my son, I cant have over-night guests, however, I want to do things with the guy I am dating and my son together. Can I get in trouble for this or loose my son since divorce is not filed. All I want is to live with my boyfriend and for us to do things with my son when I have him.. My husband and I went to my cousin who is a l,awyer, but is not a divorce lawyer, so this is my cousins first divorce he has ever done. We have papers drawn up, biut havent filed the divorce yet. Can you please help me.

~Kristen


Asked on 11/22/09, 4:24 pm

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

If I represented your husband, I would print out this question, and file for exparte immediate custody of his child, attaching it to my petition. You have been separated for a few months and cannot NOT LIVE with you boyfriend?! Your 3 year old will be more confused than I am with the situation. Your child has a dad, but mom is fooling around with another guy who she wants them to call dad. Don't say you do not want your child to call him dad because you have already told the world by posting on this site that YOU WANT TO DO THINGS WITH HIM AND YOUR CHILD, except WHEN YOU HAVE SEX WITH THE BOYFRIEND YOU WANT TO NOT HAVE YOUR CHILD AROUND. Unless your husband is the devil, what you wrote here would probably get him, at least temporarily, domiciliary status. Why not just give your child to its dad and start a new family with this boyfriend?

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Answered on 11/27/09, 5:30 pm


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