Family Law Questions? Ask a Family Lawyer Online.
Hello, I provided an answer to you after you accepted I will post it in here for you.
In that case the only way the biological mother could gain custody of the child would be to petition the court to modify the current custody arrangement. If the individual raising the child has established a good relationship with the child, and there are no circumstances to warrant the removal of the child, then the biological mother will have to fight in court to regain custody of the child. I will represent to you that the court does prefer that children remain in the custody of the natural parents if at all possible. However, since there is an existing custody arrangement in place, the biological mother will have to petition the court.
the biological mother does not want the child i
Ok. Explain the situation to me one more time so that I may help you.
the mother does not want the child back the aunt does
Who currently has custody of the child?
the mothers friend out of state
Ok thank you for that information. I will represent to you that the court prefers that a young child be in the custody of blood relatives. You could petition the court to modify the current custody arrangement to give you custody.
Did the other state enter the custody decree or Louisiana?
Ok. Here is what you can do.The aunt is in a unique situation considering that she is the aunt and not the mother.
You can file a petition in the court that entered the original custody decree to modify the original decree to give you custody. There is a firm in the family law clerk's office that individuals can fill out and list the facts and reasons for the modification in the petition.
You can describe your situation to the court, and after filing this document with the court, the friend with custody currently will have an opportunity to respond to the petition.
After the response the matter will be set for a hearing in front of a judge and the matter will be heard.
they all did tis and tom is the hearing I wa
sorry I keep hitting the enter button lol Im just an aunt thats thinks the child should stay with the friend bc of that I know both sids
Oh Ok I see now. Sorry your facts did not provide all this information.
The hearing is tommorow?
es of the story all i couls say really is that poor child that maybe she may have to leave the only mother she knows bc of selfishness on the aunts part !
yes Thats why I was just wondering on how the outcome would be?
I see now. Sorry for posting what you already knew. The court prefers that when a child is as young as the child is now that the child remain usually. In this case it she would probably remain with the friend. Family law courts operate on the standard of what is in the best interest of the child. Any modifications to custody arrangements are to be made with a smooth transition. If the disruptive effect of the modification outweighs the benefit of transferring custody to the aunt the court will not allow for a modification and the child will remain.
The benefit of the doubt lies with the friend in this situation. The aunt will have to put up a very good reason for the custody to be modified.
Does this answer your question?
that what I also was thinking I hope that the judge sees that also I just think that this is mostly a power issue and the aunt and husband has both full time jobs with 2 boys ages 5 and 18 moths one in K and the other in sitters all day I dont know why they would want another child
I understand your concerns. Did this answer your question. Do you have any further questions for me?
no thank you