Legal Question in Family Law in Louisiana
Child Custody
We recently established paternity for my son. His father lives in Louisiana. My son is six years old and has never met his father. CSED of NM wants to require the father to pay child support. My son is medically fragile and requires a fair amount of medical supervision. I am worried that if his father is given visitation rights he will not be able to care for my son. His father does not want custody of visitation rights. He would actually prefer to give up all parental rights. I know that the state is still going to force him to pay child support. Can my son still get child support without visitation or custody rights given to his father?
2 Answers from Attorneys
Re: Child Custody
This is a great question. My first answer is to agree with answer provided by the attorney in LA. His response is right on the nail. Second, if your case for child support is being handled by Child Support Enforcement (in NM) that agency will not address the custody and visitation issues that may be present. [Example: if the dad is here in NM and expresses a desire for visitation the CSE agency will tell him to file a motion in the court of the state and county where the mother and child live.]
Thus, if the father wants visitation he will have to seek that matter separately from the child support issue being addressed by Child Support Enforcement.
Re: Child Custody
The father would have to sue for visitation or joint custody. Until he does that, nothing will change. If he sues, your son's medical condition would be considered by the court in making a determination of what's in the best interest of the child.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
