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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I HAVE A HEARING CONFERENCE TOMORROW IN LOUISIANA FOR MY 4YR

Resolved Question:

I HAVE A HEARING CONFERENCE TOMORROW IN LOUISIANA FOR MY 4YR OLD WHOM I HAVE RAISED AS A SINGLE MOM ALONE HIS FATHER WHICH IS NOT ON THE BIRTH CERTIFICATE OR DNA YET HAS FILED TO TAKE CUSTODY AWAY FROM ME. HOW CAN I FIGHT THIS BACK. HE HAS NOT BEEN AROUND AT ALL AND IS NOW SAYING HE DIDNT KNOW ABOUT HIM AT ALL. HE CAME TO DOCTORS WITH ME AND VISITED ME IN HOSPITAL AND CAME TO MY HOME TO SEE CHILD WHEN BORN. WE DATED SORTOF TILL HE WAS 2. HE WOULD ONLY COME SEE ME AT WORK. HAS NOT PAID CHILD SUPPORT. CAN I GET HIM FOR CHILD ABANDONMENT OR WHAT CAN I DO TO GET THE BEST SITUATION OF CHILD SUPPORT AND NO TO LIMITED VISITATION TO HIM. WHAT DO YOU THINK I SHOULD DO AT ALL TO HELP MY CASE?
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
Before he can take custody, you can challenge paternity and get the court to order a DNA test. Additionally, based upon his non-involvement/non-interest in the child to this point, this would be your argument in your defense to his attempt to take custody of the child. At this point what you really need to get an attorney to represent you and file the child support action as well. If the father has not been active in the child's life it is not likely the court will grant him any custody and would likely only grant him limited visitation at this poin. You would raise the abandonment and non-payment of support issue also in your defense.

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Customer: replied 5 years ago.
I REALLY WOULD LIKE A DETAILED ANSWER BASED ON THE FACTS OF MY CASE. I HAVE A LAWYEAR AND I FILED FOR CHILD SUPPORT THAT IS WHAT STARTED ALL THIS, HE LIKE COUNTER SUED ME FOR THE THINGS LISTED ABOVE. AND COURT WAS DELAYED TILL NOW I HAVE THE HEARING CONFERENCE TOMORROW AND I WANT TO KNOW HOW TO PROCEED. I HOPE THEY WILL JUST ORDER DNA TESTING AND THAT IS IT FOR NOW AND MAYBE A MONTH FROM NOW GET COURT DATE TO HANDLE THE REST TO GIVE ME TIME TO GET IT ALL STRAIGHT. BUT FOR NOW I AM SO CONFUSED AND SCARED IT IS REDICULOUS!!
Expert:  Law Educator, Esq. replied 5 years ago.
It is up to your attorney to argue for the DNA testing, which the court will not do if there is no questions or challenges to his paternity. Again, as I stated above, your attorney has a very strong argument here since the father has had no involvement in the life of the child nor has he paid support to ask the court to deny custody. The courts in LA will generally deny custody where there has been no established relationship and no payment of support for the child and the father is just doing this now to try to avoid support and use it as a negotiating chip with you. His legal tactic in asking for custody in response to your suit for support is a common tactic that the courts see all the time and as long as your lawyer points out all of the things you have mentioned, you really should not have anything to worry about unless the father can prove you are an unfit mother which is a very high burden to prove to the courts.

Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 92736
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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