Legal Question in Family Law in Louisiana
My sister has a child and her and the father were never married and are not currently together. They agreed verbally on custody arrangements every other weekend and such. In the past she has had problems with the return either he would make her come to get child or make her meet somewhere. Today he would not give the child back until she signed a piece of paper drawn up stating that he gets her 6 months out of the year. So basically he forced her to sign it. My question is: is that legally binding without being signed in front of a lawyer or notary. And is there any other way to nullify that agreement.
1 Answer from Attorneys
It is binding as between the 2 of them, however, she should immediately file for custody/visitation and child support, and get a judicial determination of each party's rights. Until she does that, this man who I assume has never had a DNA test, will have as much say so as does the natural mother. Why females let this happen I do not know and why their families let it happen is even more puzzling. Pool some money, hire an attorney and take control. You do not say how old the child is, but someone is paying to support it, and I would bet it is not the "father." Unless this is done legally, the guy can one day not return the child and there is nothing your sister or her family will be able to do until they file a legal proceeding.
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