Legal Question in Family Law in Louisiana

How does my son get joint custody, full custody or just visitation for his 6 months old son. His girlfriend lived with us for 4 years and have been arrested three times for forgery in which we have bailed her out. She also had a separate incident for the same thing and her mom paid the family off not to press charges. Now she have to do community service, seek counseling and get a job and make restitution to the people she stole from. My son works at a car wash and doesn't make a lot of money ($800.00 per month). I just kicked her out of my home where she, the baby and son had reside. Of course my son is still there. I called the police for her to get out, and asked if my son could keep the baby as she had no wheres to go and they informed me that the baby had to go with the mother regardless. I forgot to mention in the 4 years of living with us, we had to put locks on our bedroom doors because she stole everything that wasn't nailed down (the reason for me kicking her out). This is why I want to know what my son's chances are of getting full custody of his son?


Asked on 10/29/10, 12:05 pm

2 Answers from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

Custody is decided by what is in the Childs best interests. The presumption is that both parents are important in the Childs life. Mothers are often made domiciliary parent when the child is very young. Your son needs to file a petition for custody. In order to be granted full custody the court will have to determine the mother unfit.

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Answered on 11/03/10, 4:35 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

Frankly your son sounds pitiful and I would never give him custody because you handle everything for him. With that said, kicking her out was the worse thing to do because the baby went with the bath water. File for custody yourself or report her to child protection and ask them to take custody and to make placement of the child with you. Your son does not sound any more fit than the mother of his child. In fact, answer this honestly, would you trust a baby with your son to raise and care for if you were not involved in his life? I am sure the answer is no. So then do not pretend he is better than she is.......he is better because you are a caring grandparent who will care for the child, so go for your own custody with that in mind. Good luck

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Answered on 11/04/10, 3:53 pm


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