Legal Question in Family Law in Louisiana
my son is two and his dad took him from me and I tried everything except court. IL told me that since we were both the parents we had equal rights and he could retain our son at anytime and that if i wanted him back I had to go to court. I have since moved out of state and it has been 5 months since i have seen my son, I have a job a house and want my son back what do you think would be the best thing to do help!!
1 Answer from Attorneys
He is absolutely correct. The only way one parent has an advantage concerning custody and visitation is if a court says so. Since neither of you have forced the other to court, he has as much right to your son as you do. And in this case possession is 10/10's of the law. If you take the police to his house and tell them you want your child because you have been denied visits for 5 months, they will want to see an order directing the baby's father to release the child. You do not have that so he keeps the child. Now that you have let 5 months go by and you live away from where the child was born and heretofore raised, you might get visitation, but I suspect he will get the domiciliary status. And if you moved with your new partner to the other state, the court will not be impressed.
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