Legal Question in Family Law in Louisiana

child

the father to my child ,which was a donor,he sign over his rights and gave me full legal custody of my son,he isnt even on the birth certificate.my question is that i left my son to my brother in my will if something were to happen to me,casue im in the military,can the father take him from my brother


Asked on 1/08/08, 12:52 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: child

Of course the father can claim his son. The court would consider all circumstances, and then theoretically, would do what is in the child's best interest. I assume your brother has a relationship with your son that is closer than the father's. If not, then he needs to get involved so that he can point to that relationship should something happen to you. Also, it would be best if you filed for sole custody in court and have a Judgment giving that to you. The court will try to grant your wishes in your will, and if you have sole custody, then whomever you choose will probably get custody.

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Answered on 1/08/08, 1:23 pm


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