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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30180
Experience:  Attorney with experience in family law.
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I have filed for divorce in Louisiana in April. My husband

Customer Question

i have filed for divorce in Louisiana in April. My husband moved out of state with a girlfriend and her son. He is threatening to pick up our four year old today from school and taking her to OK for his visitation and has refused to exercise visitation in state. He has refused to sign custody papers (probably because he doesn't own his own residence), and we are waiting on a court date. Can I stop him from taking my child out of state? I have an attorney, but am afraid I can't get an answer this morning, as he could be in court or just not answer fast enough. I need help now before he shows up to take her.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this is happening.

Call your lawyer immediately. He can file an Ex Parte Emergency Motion for Temporary Custody and go to court this morning for an immediate hearing. If he doesn't answer, email or text a follow-up so he understands how urgent this is. Once your lawyer enters an appearance in a case, you're not allowed to file your own documents. The judge can enter an order that you get immediate custody and an order stating that he be prohibited from picking your daughter up from school. You can take that to the school the moment you get it so they're aware of the situation.

Meanwhile, if your daughter is not at school when your husband arrives, he cannot take her. You have no legal obligation to give her to him until there is a court order. If he comes to your house and won't leave, call the police. You don't have to let him in.

Expert:  Lucy, Esq. replied 1 year ago.

Did you have any other questions about this?