Custody/Separation question

[noladad43]

Trying to help out a friend here in Louisiana. Looks like he and his wife are separating, though his wife says she is just taking their son to Florida for a short vacation with her family before school starts. He thinks she is not coming back. What rights does he have at this point? Or does he have to wait and see if she misses start of school before proceeding legally?

 

[LdiJ]

Trying to help out a friend here in Louisiana. Looks like he and his wife are separating, though his wife says she is just taking their son to Florida for a short vacation with her family before school starts. He thinks she is not coming back. What rights does he have at this point? Or does he have to wait and see if she misses start of school before proceeding legally?

If he definitely wants to end the marriage he could be preemptive and go ahead and file now. However, otherwise, he needs to at least have some indication that mom doesn't intend to return...and the child missing the first days of school would be an indication.

 

[noladad43]

Thanks, and another question...

Thanks. Just to complicate things, let's say that she enrolls their son in school THERE, though he is already enrolled HERE. He still has the right to force her to come back with their son, right? And if she doesn't, what does he do? Have her arrested? Is that usually the way these things end up?

 

[Isis1]

Thanks. Just to complicate things, let's say that she enrolls their son in school THERE, though he is already enrolled HERE. He still has the right to force her to come back with their son, right? And if she doesn't, what does he do? Have her arrested? Is that usually the way these things end up?

if mom enrolls the child there, then dad needs to immediately file for divorce, an order for return of the child to the marital home, and a pick up enforcement order. request supervised visitation for mom until further orders from the court.

she won't be arrested. she hasn't done anything illegal.