Legal Question in Family Law in Louisiana
My step-daughter has twin girls (born 10/24/10) with her ex-boyfriend (his name is on the BC). They have no court orders. He stalked her one night (she was on a date) and when she was just about to be at her friends house. He pulled right in front of them, got out, opened her door, grabbed her and threw her in the ditch. He caused damage to her car estimated @ $2,000.00. She pressed charges, so he has an active warrarnt out on him. The next day, he told her he wanted to get the girls and keep them for a week. She agreed (b/c she had to work all that week and figured it would help her out ...by him having the girls.) Since that day, he has not allowed her to get her kids. She could go to his mom's and see them, but not leave with them. Except a month ago, him and his girlfriend apparently wanted to go out & he allowed her to keep them overnight. He has since not allowed her to see them at all b/c she will not give him their birth certificates or s.s. cards. She went last week and filed a restraining order last week and asked for temporary custody. The judge denied the temporary custody. My question is.... What can be done? oh... when she asked to take them trick or treating, he said "No, you are not taking them... they are too $$#$% young to go. then he posted a pic on facebook of him and his girlfriend with the girls... they had just took them trick or treating
2 Answer from Attorneys
You need to file for custody. Protective orders are not designed for that purpose.