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I am lookin to get full costody of my daughter the mother

Customer Question
recently got a child deseretion...
i am lookin to get full costody of my daughter the mother recently got a child deseretion charge and demestic abuse has been goin on in front of my child i need to know is this enough for me to recieve custody
JA: Family law varies by state. What state are you in?
Customer: louisiana
JA: Have you talked to a lawyer yet?
Customer: no mam iv set up multiple appointments
JA: Anything else you want the lawyer to know before I connect you?
Customer: no mam
Submitted: 3 months ago.Category: Family Law
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Answered in 7 minutes by:
10/19/2017
Family Lawyer: RobertJDFL, Lawyer replied 3 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,208
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Family Lawyer: RobertJDFL, Lawyer replied 3 months ago

Good evening,

You would need to petition the court to modify custody and ask that due to the significant change in circumstances that custody be given to you. There is no list I can point you to, no set factors where a judge will say "yes" or "no" to a petition, so it would be impossible for any attorney to tell you definitively that you'll get custody. I will say that you raise some very serious concerns, however. A judge is always going to want to do what they believe is in the best interest of the child. If you have evidence and/or witnesses to the abuse and child desertion, I think the odds are very much in your favor, given that clearly the child is not in a safe environment, and that the mom is putting the child at risk by leaving the child alone and abusing them.

Although the exact process will be different for each situation, the process for modifications in Louisiana is basically this:

  • Petition. The first step involves filling out a form with the court. The form is the called the Petition to Modify Custody. This includes case information and an explanation of how the circumstances have changed and why the changes warrant a modification in the custody order. A Verification form must also be included. This form requires a notary and is used to ensure the person filling out the form swears that everything contained within the application is true.
  • Service. This is the legal term that refers to actually giving the other parent notice that you are requesting a change. In order to be fulfilled, the other parent must receive a copy of the petition.
  • Filing. Once all the paperwork is completed, it must be filed with the court. Generally a fee is required; these fees vary depending on the types of documents that are filed.
  • Scheduling. After filing, wait about two weeks before contacting the court. At this time, the judge should have had enough time to review the documents and would have sent them back to the Clerk of Court's office. Contact the Clerk's office to schedule a court date.
  • Court. Generally, the judge will give you one opportunity to make your case for a modification. It is important to remember that it is the petitioning parent's responsibility to make a case to change the custody order. In other words, you must show what has changed and how modification of custody would be better for your daughter.
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Family Lawyer: RobertJDFL, Lawyer replied 3 months ago

If you have any additional questions about this matter, please don't hesitate to reply back to me and I'll be happy to help. Otherwise, please remember to leave a positive rating by clicking on the stars at the top of the page as that is the ONLY way experts like myself are credited by the site for our time and assistance. Thanks again!

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