Legal Question in Family Law in Louisiana

Sole Custody

I was awarded sole custody of my child for 10 years now. My question is can his father now ask the courts to reverse that choice. The child is now 14 years and his father paid 75.00 per month child support.


Asked on 5/01/02, 7:57 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Sole Custody

A parent can ask the court to change all or part of a custody ruling. You stated you "were awarded sole custody" of your child. That implies there was a hearing and after the court heard the evidence, it ruled that you should enjoy sole custody. I suspect though, that your ex agreed to you having sole custody and you agreed he only had to pay $75 a month child support. If there was a trial 10 years ago, then your ex has the double burden of proving that there has been a major change in circumstances since that hearing, and that change of custody is necessary for the protection of the child. However, if there was no ruling by the court 10 years ago, then the standard is "best interest of the child." The amount of child support paid does not affect custody determinations.

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Answered on 5/01/02, 9:06 pm


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