Legal Question in Family Law in Louisiana
My son and his ex wife share custody of their 6 year old daughter. This past Monday was my ex daughter in laws week to have her daughter; my son took his daughter over to the ex-wife's house and after he had only gotten about a mile from her home his daughter called him and was crying saying her Mother put her out and would he come back and get her; he did go back and when he got there his daughter was on the porch with 2 bags of clothes and his ex was not even at the door. She really did put her out and went back in this was at about 8PM. My question is my Grand daughter does not want to go stay with her Mom, but Mom wants to come get her, do we have to make her go?
1 Answer from Attorneys
My God parents treat their children so badly!! Unfortunately as is almost always the case, the grandmother/mother of the father, or the father's girlfriend, or new wife writes us wanting to know what to do. It is never the father. I wish the father would write some time! Please don't scold me and say he is working. Anyway, a 6 year old does not have the right to decide where she goes, however, the fact the mother left her on the porch with her bags is evidence that the court should look more closely at the visitation order. But your son needs to file. If you are the one really doing all the heavy lifting, then YOU file for custody and your son can back you up.