My sister's soon to be ex is threatening to take custody of her son. They have been living seperate since July 06 when he forced her to leave their home in GA. He states he has obtained a temporary custody order from FL where he is living now. She was never served papers for this to appear in court or that this decision was made, if he does have this, will this hold up in LA? Also, can he obtain a temporary custody order in LA without her being served or present in the court room? Both she and her son have been residents of Louisiana since he kicked them out in July 06. He has never lived in Louisiana. Also his name is not listed as the father on the birth certificate.
2007-04-30 21:49:23 · 1 answers · asked by wendyandkaven 2 in Family & Relationships ➔ Marriage & Divorce
Youd be best off getting an attorney here or contact your local legal aid assoc for free help. Couple of problems here but all are in your favor. Most of all if you never were served your due process of law, any court action will be thrown out. If not a resident of La, ten he cant file any court action there. Also how did he get any order anywhee without legally showing he is the father of the child unless the order was obtained illegally, and shows signs of being an abusive husband. Get legal help to block any order he has to obtain your son until a Judge can sort this out. If he shows up with his so-called order, notify the police immediately to prevent an abduction. Doesnt really surprise me that he got this so called order here in Fla. as this place operates on its own rules but La should be able to temp block the order til an official legal court date. Good luck
2007-04-30 22:20:34 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋