Legal Question in Family Law in Louisiana

Sole Custody Advice

My husband and I were awarded Sole Custody of his 9 year old nephew. We give the child's mother ample opportunity to visit the child when she pleases at our home but never let her take him off alone anywhere; she has a drug problem. She has never came to see him but she has asked several times for him to stay a weekend with her. We live in Louisiana and she lives in Texas. Since she is in Texas and we were awarded custody in Louisiana, is it possible that she can she keep him from us and file for custody in her state? Or would it be kidnapping if she didn't bring him bacK?


Asked on 11/21/07, 9:13 am

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

Re: Sole Custody Advice

If you have sole custody, what visitation rights does the mother have? If she has none, then why are you thinking of letting the child go? If she has supervised visitation only, why are you thinking of letting the child go? Personally, I think you are playing with fire. If she took off, then she could be charged with kidnapping. However, if she ran and was good at hiding, you may never see the boy again. There is a reason you were given sole custody. As sole custodians, you are the "parents" and must protect the child. If this was your "natural child" would you allow him to go for a weekend with a drug user?

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Answered on 11/21/07, 9:27 am


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