Custody questions regarding minor children

[ConcernedInLa]

What is the name of your state (only U.S. law)? Louisiana

My ex husband and I have been divorced since February 2010. We have two children but since one was born after we filed for divorce, she was not included in the papers. There is joint custody on our 5 year old son. A domestic situation happened last weekend and now i am scared to send my daughter (16 months) to his house because there is no custody pending as of yet. He works out of town and leaves the children with his sister while he is away during his visitation. My question is this: If I send her with her brother for visitation, and he does not return her to me, is there anything I can do to get her back from my ex-sister-in-law after he leaves to go back out of state to work? And also, if he files for custody of her during while he has her, am I correct in saying that he does not have to return her until a judge rules on the case? I am the domicillary parent of the 5 year old, will a judge grant him custody of her and split my children, even though i am more than fit to raise them? Please.... help me if you can. I went to a lawyer but I am in a catch 22 with my parish of residence and the parish that had jurisdiction of the divorce and they cant really help.What is the name of your state (only U.S. law)?

 

[Isis1]

That makes no sense. The child is 16 months. You haven't even been divorced for a year! How did the child not be in the divorce papers? Did you hide your pregnancy? If I'm not mistaken, that is fraud. The 16 month old was a product of the marriage.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Louisiana

My ex husband and I have been divorced since February 2010. We have two children but since one was born after we filed for divorce, she was not included in the papers. There is joint custody on our 5 year old son. A domestic situation happened last weekend and now i am scared to send my daughter (16 months) to his house because there is no custody pending as of yet. He works out of town and leaves the children with his sister while he is away during his visitation. My question is this: If I send her with her brother for visitation, and he does not return her to me, is there anything I can do to get her back from my ex-sister-in-law after he leaves to go back out of state to work? And also, if he files for custody of her during while he has her, am I correct in saying that he does not have to return her until a judge rules on the case? I am the domicillary parent of the 5 year old, will a judge grant him custody of her and split my children, even though i am more than fit to raise them? Please.... help me if you can. I went to a lawyer but I am in a catch 22 with my parish of residence and the parish that had jurisdiction of the divorce and they cant really help.What is the name of your state (only U.S. law)?

Why did you not do the legal thing and add the child to the papers? Quite frankly the two of you committed fraud by testifying that you had only one child in February 2010.

 

[Mom_of_Two]

Did you mean you were divorced since February 2009? That would make more sense!

 

[ConcernedInLa]

We filed for divorce in 2008, and "reconciled" once afterward, hence the pregnancy. I was diagnosed with cancer and underwent chemotherapy for a year. We were not together during that time period. The papers were already drawn up and we were apart for one year prior to the acutal day of divorce. In the courtroom, the judge read the paper work, our witnesses testified that we had been seperated for 1 year and we were done. Neither lawyer bothered revising the papers, even tho we both mentioned it. We just wanted divorced and went the easiest road there was. Can you help with advice on what legal rights i have... I know that we commited an illegal act by not revising the papers but is there anything that i can do to protect the daughter that i have raised without support for the last 16 months?

 

[Ohiogal]

We filed for divorce in 2008, and "reconciled" once afterward, hence the pregnancy. I was diagnosed with cancer and underwent chemotherapy for a year. We were not together during that time period. The papers were already drawn up and we were apart for one year prior to the acutal day of divorce. In the courtroom, the judge read the paper work, our witnesses testified that we had been seperated for 1 year and we were done. Neither lawyer bothered revising the papers, even tho we both mentioned it. We just wanted divorced and went the easiest road there was. Can you help with advice on what legal rights i have... I know that we commited an illegal act by not revising the papers but is there anything that i can do to protect the daughter that i have raised without support for the last 16 months?

So you committed perjury and fraud. Go hire counsel to correct your issues. You were apart for one year meaning NO SEX during that time or did you lie about that as well? Sorry but I do not help liars.