Legal Question in Family Law in Louisiana
my wife an i got married in SC 3 years ago, but just found out that the notary that did our little wedding did not turn in our papers. we now have a little girl that is 1 year old. if we were to separate what could i do to prevent her from taking my little girl away to ware i can't see her? P.S. we now live in LA. i'm not sure if this state has common law marriage or not.
1 Answer from Attorneys
Louisiana does not have common law marriage. Your child is still your child. Since you are asking these questions, I'm guessing you wouldn't marry her today given the chance. If you would, go to the local courthouse and have a judge marry you again.
If you were to separate, you are still the child's parent, just like the mom. File for custody/visitation, just like you would with a divorce.
I have no idea what South Carolina's "common law marriage" rules are. If you met them before moving to Louisiana, you might be married anyway.
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