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My brother is in prison and his girlfriend is pregnant how…

Customer Question
My brother is in...

My brother is in prison and his girlfriend is pregnant how does he go about getting done and uptaining rights

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

No she is still pregnant but is due anyday

Lawyer's Assistant: Family law varies by state. What state are they in?

Louisiana

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

After a positive DNA test is complete I'd like to find out about obtaining rights for my family until his release

Submitted: 3 months ago.Category: Family Law
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Answered in 9 hours by:
3/24/2018
Family Lawyer: N.Brown ESQ, Lawyer replied 3 months ago
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 156
Experience: Attorney
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Hello I am researching your question. Please allow me a few moments to review your question.

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Family Lawyer: N.Brown ESQ, Lawyer replied 3 months ago

The first step would be to establish paternity. There are two ways to to this. The first is the parents sign an acknowledgment of paternity. The other process requires the court to order genetic testing. To begin this process, one of the following individuals needs to submit a paternity action, which can be submitted by the child’s mother, the child’s presumed father, any man who is named the child’s father, the child him or herself with legal representation, a government lawyer, or an agent for the Louisiana Department of Children & Family Services Child Support Enforcement (CSE).

If at any time anyone involved in the case requests genetic testing, the court moves to order the testing be completed. Additionally, the child and his or her mother and presumed father are ordered to submit to this testing. Usually the parties have to provide the testing at a lab or other facility that does genetic testing. So with the father being incarcerated you would have to find a way around that. Perhaps in his request for testing the father can request testing be don through a test that can be purchased over the counter. And arrangements would have to be made between the father and the correctional facility to provide the testing, and return it for processing, and then providing results to the court. After reviewing the evidence, the judge overseeing the case makes a final decision as to whether or not the male in question is indeed the child’s legal and biological father. Should the judge determine he is, the court issues a final paternity judgement on the matter, and the father’s name is ***** ***** the child’s birth certificate. At this time, the judge also has the option to order child support and arrange a custody and visitation agreement for the child and the parents.

Father’s Rights to Child Custody and Visitation

Like many other states across the country, the state of Louisiana uses the “best interests of the child” standard in order to guide its decision making when it comes to custody cases. Under this standard, judges are ordered to agree to or create a custody arrangement that most benefits the children involved, best supporting their mental, emotional, and physical needs. Under state law, both mothers and fathers are treated equally during child custody cases, so if it is within the child’s best interest to primarily reside with the father, that is the custody agreement the judge orders.

Some of the factors the judge considers when making this decision includes:

  • The relationship between the child and each parent
  • Each parent’s ability to care for the child
  • Each parent’s ability to provide shelter, clothing, and food for the child
  • The child’s involvement in school, extracurricular activities, and the community

Generally anyone other than the parents do not have standing, or a right to custody or visitation with a minor child. There are exceptions where the court may, in its discretion order visitation to grandparents of the child.

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Family Lawyer: N.Brown ESQ, Lawyer replied 3 months ago

If you are satisfied with my responses to your questions, please accept the answer, and provide a rating (5 stars would be appreciated). It cost you nothing additionally to do so. The experts who answer your questions are independent contractors, and customer ratings are the only way we are compensated for our responses. Thanks, ***** ***** hope everything works out to your satisfaction.

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