Legal Question in Family Law in Louisiana

Hello..

I recently took my childs mother to court for custody due to her not agreeing to put him in my school district. i live in the maratal home an will keep it. we bought this home due to the school district its in, he can go to elementary, middle and high in all the same district. he is 4 years old now.

i currently had 7/7 custody of him which she agreed to. i took her to court cause she wanted to put him in her school distric only to spite me, she actually has a special needs child in my distric already that she has to bring to my school every morning this child is my sons half brother and my stepchild.

so i assumed it was unreasonable for her to put him in her school district where her appt. is. which in court she admitted that she will be moving. she lives in a 2 bedroom appt. and got caught during the trial lying about her boyfreind living with her which he admitted to. he has 3 kids and is not divorced yet. we are divorced cause she was cheatin on me with him. her mom also lives with her and she admitted in court that my son sleeps in her room in her bed with her boyfreind and her.

her defence agains me was kinda the norm, i was an abusive alcoholic.....typical and what i expected....

i had multiple text messages in paper that the judge allowed as evidence of her admittin how good a father i was and that she realized she needed lots of help and that she was realized she was the problem. she also admitted on these text that her boyfriend is abusive and that he almost killed her for talking to me, in court i stated that was one of our problems that she doesnt communicate with me she admitted to me it was because of him.

like i said the text were allowed as evidence and one of them even read " i should be dead by now" i still may end up dead" he almost killed me for talking to you.....she also admitted that she was afraid to go to work because of him. he works with her...

we caught her lying multiple times..

also, when we got ready to start trial, the judge told both attourneys that they have 2 hours each!!!!

i had 7 witnesses to testify and were only able to call 4....she had only 4.

i also had text from her the week before court texting me "7/7 custody and your school district is in the best intest of my child and you know this" she texted this cause she didnt want to go to court...

also, one of her witnesses was her sister n law, which worked for the judge and currently works for the judges ex partner...and the judge allowed her as a witness...and he announced in court that she used to work for him and that it wouldnt make his decision differ..

two weeks after the trial the judge called the attourneys and told them over the phone that his ruling was that i lose my 7/7 custody which i work 7 on and 7 off so my son grew up seeing me this way. and i now have only every other weekend......only 6 days a month now!!!!!

so my attourney immedialty filed an appeal...this was on august 19th 2009, we have still yet to recieve reasons for judgement on paper!!!!! that is reduculous....my lawyer sais he made a mistake in law by not giving me a full trial.....

also she said over the phone he said his reasons for judgement was that he thought the boyfriend, my wifes boyrfeind the one she was cheating on me with and is not yet divorced was a credible witness!!!!!!!...what do yo think about this mess....she absolutely had nothing on me...but made up stories and most were proved to be lies....and her witnesses were all her family...and her boyfriend!!!! i had non related witnesses that testified and i had 3 more but we didnt have a full trial....

please help!!!!! im streched so thin right now..i have never seen my son so little!!!!!


Asked on 1/13/10, 12:01 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Dear LawGuru Friend,

Your question is too long for me to

read off the screen and then answer over

the internet. However, if you will e-mail me

and give me your name and phone number,

I shall call you and discuss your legal situation

with you further, at no charge to you.

Best of luck, and looking forward to hearing

from you, I am

Sincerely,

Hardy Parkerson, J.D.

E-mail address: [email protected]

Retired Lawyer (for a while, anyway)

Tulane Law, Class of 1966

127 Greenway Street

Lake Charles, LA 70605

Read more
Answered on 1/26/10, 8:33 pm


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