In Louisiana, who has custody rights if parents are unwed?

Question

There are no court orders and no visitation guidelines written out on paper. The Mother has allowed the father to keep the child on saturdays, however this saturday the father will not give the child back to the mother and says that the mother will have to get a court order to get the child back. Is there a LA law stating that the mother has primary custody of the child until demmed otherwise by a court or some higher authority, and if so, what options does the mother have in getting her son back?

Answer 1

That's for the parents to decide. If they can't then the court will make that decision for them.

Answer 2

There is no law in any state that says a mother automatically gets the kid back, possesion is 9/10ths of the law when both parties involved are the parents and no court papers are in place doesn't matter if they were married or not, it all has to do with court papers. Yes she will have to get court a papers, she can put in for an emergency hearing to visit , however more than likely she will have to return the kid to the father untill a evaluation can be done and a regular hearing can be performed.

Answer 3

no, i almost had this problem with my ex. he lives in LA as well. without a court order showing who has custody and who gets visitation, then she is basically out of luck.

she needs to get an attorney and file for full custody of the child and make sure she files for child support as well.

police and sheriff will ask her the same thing, does she have a court order saying that she has full custody of the child.

Good Luck

Answer 4

Placement is where the child stays, custody is who has decision making capability, such as what school to attend, etc.

Absent a court order, there is no such thing as primary custody. You can assume joint custody until told otherwise.

The court will probably not even rule on custody, they usually only rule on placement.