Legal Question in Family Law in Louisiana

My son's dad and I went to court recently to determine a custody agreement. We had to get a court appointed evaluator to do an assessment to give the judge. Once we went back to court and finally agreed on a visition schedule he violated the judges order two weeks later. The judge informed me that if the father violated the ruling, then I should take him back to court. I called the judge's office and I explained to his clerk the situations and the clerk informed me that she couldn't tell me what documents I need to fill out to order him to go back to court and that I need to get legal counsil. I represented myself in the custody case because I didn't have the funds to get legal counsil. I informed his lawyer that he violated the order and of course she didn't advise her client to stick to his order. It's since been two months and he has only obeyed the order of visitation twice. Since I recently got layed off of work it hasn't been a problem to get my son on the days his father is supposed to get him, but when I start working again I would like for his father to begin to get him when he's supposed to which is only every other weekend. What can I do to bring it to the judges attention? Can you advise me as to what forms to file with the courts so that I can see the he follows the judges order? Thanks.


Asked on 10/05/09, 3:20 pm

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

I am sorry, but being able to take care of your child, and being able to pay for everything thus far, you need to understand that you probably would not have this problem had you had an attorney from the beginning. Enough of that. Go to legal aid for help. I suspect you are working and do not want to pay out for a lawyer. That is ok, but you get the expertise that you pay for. On the internet, look up RULE TO SHOW CAUSE in Louisiana and ask the court to RULE the ex into court to SHOW CAUSE why he should not follow the rules, and to impress on both of you the rules. Look up also the pauper form that allows you to file without putting up any money. Then ask the court to make the ex pay the court costs. But if you want to eliminate some stress, hire a REAL lawyer.

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Answered on 10/10/09, 11:47 pm


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