In Louisiana, if you are unmarried but have children by someone you have been with for a while but unmarried, legally who has custody of the children if you have never been to court or anything?? One of my friends is having this problem b/c her kid's dad is telling her that since the kids are his if he moves out (they live at her parents house and have been together for 5 years and are going their seperate ways now) then he can take the kids and there is nothing that she can do about it, but we are just wondering if legally he is allowed to do so? any answers?
2006-07-25 09:56:56 · 13 answers · asked by April W 2 in Politics & Government ➔ Law & Ethics
here is a little more background, she went to jail for a felony, and while she was in jail he got a temporary restraining order and temporary custody (they were living in texas) she served about 4 months in jail and when she got out they both moved in with her parents in Louisiana. She knows the temporary restrianing order is expired and so is temporary custody she believes. She doesnt know what to do next.
2006-07-25 10:08:16 · update #1
legal aid said they couldnt take her case b/c she is a felon.
2006-07-25 10:08:57 · update #2
http://www.calscla.org/
http://www.cp-tel.net/klsc/
http://www.la-law.org/
http://www.lawhelp.org/program/921/
I do live in Louisiana, but I'm not sure her case would even apply here since previous court proceedings were done in another state. Hopefully these links can be of some help. The are non-profit legal assistance services for the low income and elderly. If they can't help her, they may be able to direct her to someone that can.
2006-07-25 10:44:04 · answer #1 · answered by Mary J 4 · 3⤊ 0⤋
You have received a lot of misinformation so far. The law is that BOTH parents have equal custodial rights unless and until a court orders otherwise. Your friend had better Petition the Court for a determination of custody & support or the father may take off with them, putting her at a disadvantage. In most states this is commonly called a "paternity action," but La. may have some different statutory name for it.
Saying she "can't afford a lawyer" doesn't cut it. These are her children. If she really cares about them she will beg, borrow or steal the $$ necessary to get into court.
2006-07-25 10:25:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
not at all. 95% of the time in the United States the mother gets custody. he cannot take the kids from the house unless the kids are in danger. tell her to go to court. the mother has custody it's the fathers place to go and get custody. he has to have profound evidence to have a judge remove the kids. he is trying to keep from paying child support. he is using scare tactics and it's also called mental cruelty. go to court. make sure she asks for a support order and that she be made the custodial parent of the children involved. good luck most family courts are geared towards the women..
2006-07-25 10:02:55 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I believe if both parents names are on birth certificate and no custody papers already filed and they're living together, then either one of them can take the kids any time. Thats what my lawyer told years ago. One of them needs to contact social services or a lawyer and get custody, at least temporarily.
2006-07-25 10:12:59 · answer #4 · answered by Molly 6 · 0⤊ 0⤋
They need to file custody with the court - ASAP! If both names are on the birth certificate they have to have a custody hearing. If not, then whoever is named the children are considered theirs. Depending on the birth certificate -- either could take the children and run. They must establish custody.
2006-07-25 09:59:51 · answer #5 · answered by Justsyd 7 · 0⤊ 0⤋
Get an attorney. I believe that it is determined by the birth certificate. If both are listed on the birth certificate, you need to go to the court. If he is not listed, he may have a hard time trying to convince the police officer arresting him for kidnapping that the children are his.
2006-07-25 10:00:59 · answer #6 · answered by Blunt Honesty 7 · 0⤊ 0⤋
there is no such element as a protection stress divorce. All divorces are civil concerns. nonetheless, the quantity of baby help is in accordance with earnings. If there's a courtroom order in place that states how lots baby help he would desire to pay, then that's what he needs to pay. the only way he ought to petition the courts to diminish the quantity is that if his circumstances replaced and he all of sudden began making critically much less funds. As for sending greater funds each and each time his ex asks for it, he's no longer obligated to try this and he's somewhat a fool to realize this.
2016-12-10 15:31:52 · answer #7 · answered by hayakawa 4 · 0⤊ 0⤋
in ohio an unmarried woman is the sole custodial parent. your best option is to talk to a lawyer or legal aid group.
2006-07-25 10:06:21 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Married or not, the kids belong to the mother.
Fathers, even married ones have very little rights when it comes to their kids.
He is most definately bluffing and could be charged with anything up to kidnapping/abduction if he pushes his luck
2006-07-25 10:00:57 · answer #9 · answered by Anonymous · 0⤊ 0⤋
there are no legal rights for either... whoever has the kids has them. She can NOT let them go with him and there's nothing he can do. At the same time, if he has them there's nothing she can do. Providing he signed all the birth certificates,etc...
2006-07-25 10:00:05 · answer #10 · answered by heidielizabeth69 7 · 0⤊ 0⤋