Legal Question in Family Law in Louisiana
My sister is need of a place to stay with her four year old son. She was living with our father, but his house has gone into foreclosure. I would like to allow them to come and stay with us. My husband has a 11 year old felony conviction for obscenity. there are no restrictions against him concerning his children, my child, or any other child. My sister's ex-boyfriend has threatened to take her to court for custody of their son if she moves in with us on those grounds. Is that something that the court could see as reason to overturn custody from my sister to my nephews' father?
1 Answer from Attorneys
The child's father can request custody of his son at any time. There are many factors involved in deciding to whom custody will be awarded. I assume there has already been a judgment granting your sister either sole custody or joint custody with your sister being the domiciliary parent. If there is no judgment concerning custody and visitation, then your sister needs to get that done anyway because the dad could conceivable take the child at any time. If there is a judgment, then to "change" that judgment is very hard. Your husband's conviction will concern the court, but it will take more than just that. So, have all the details of the crime ready to inform the court should they want to know. In my experience, blow-hard fathers rarely want to spend the money or the time to challenge custody....and he really does not want to take care of his son 24/7/365......if he is starting trouble I will bet anything he has a live-in girlfriend......women push their men to do things they would not do on their own. And, make sure he is paying support for his son and in a timely manner.