Legal Question in Family Law in Louisiana
visitation rights
The wife and I seperated 8-4-05 with no papers filled. actually she abandon me. We have one child and I would like to see her. The wife is in full battle mode and says if I call and/or bother her she will get a restraining order on me. I would like a pieceful devorice. I have never done anything to harm her or my child. Due to medical reasons I can not help produce anymore children. Can she with hold visitation from me and my parents? Can she file a restraining order on me with no proof and/or good reason? if she can, will I be able to contest it? I have criminal record and/or bad driving record. What can I do. I am thankful for any advise you can offer.
2 Answers from Attorneys
Re: visitation rights
You need to get the court to order a visitation plan if you don't want to be subject to your wife's mood changes. If there is no court order, you have as much right to the child as she does. Your parents' right to visit flow through you.
Re: visitation rights
An unfortunate truth about divorce and child custody is that if one person decides to assume "full battle mode" both sides and any children can be casualties.
Get a lawyer and file for divorce asking the Court to determine custody and visitation. As Mr. Pizzolatto said, the Court order is not subject to her whims.
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