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Need some legal advice - parental rights

Posted on 12/29/17 at 8:44 pm
Posted by HeadedToTheWoods
Sportsman's Paradise
Member since Dec 2013
1308 posts
Posted on 12/29/17 at 8:44 pm
My nephew is currently with his GF (no pics) and they had a baby out of wedlock. He is absolutely the father, no question.

They’re having a few problems and he’s asking me what are his custody rights. She’s threatened leaving and taking the baby. He’s on the birth certificate, so legally he’s covered on that end.

Does 50/50 custody still apply, as like a divorce would ? He’s a good father, good job, etc. just kinda forced into this a little bit and he wants to know his options. I’ve never dealt with this so I have no clue. They live in Louisiana

Thx
This post was edited on 12/29/17 at 8:46 pm
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
37536 posts
Posted on 12/29/17 at 8:46 pm to
When though they were never married I'm sure he'll get to write a check to her once a month.
Posted by rantfan
new iberia la
Member since Nov 2012
14110 posts
Posted on 12/29/17 at 8:47 pm to
He has the right to pay child support
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
42073 posts
Posted on 12/29/17 at 8:53 pm to
He needs to hire an attorney. Women who threaten to leave and take a child away from a decent father are the scum of the earth. This won't end well. Preempt that by having a Summons and Complaint ready to file and serve before she has a chance to disappear for a month or so or leave the state entirely.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
44743 posts
Posted on 12/29/17 at 8:53 pm to
quote:

had a baby out of wedlock


Trashy
Posted by SG_Geaux
Beautiful St George, LA
Member since Aug 2004
80682 posts
Posted on 12/29/17 at 8:54 pm to
quote:

just kinda forced into this


So she forced him to rawdog it?
Posted by BigDawg0420
Hamsterdam
Member since Apr 2010
7502 posts
Posted on 12/29/17 at 8:54 pm to
quote:

He’s on the birth certificate, so legally he’s covered on that end


Doesn't mean shite
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 12/29/17 at 8:55 pm to
He needs to a hire an attorney to help file a case to establish paternity, support and custody. He better be ready to pay child support though.
This post was edited on 12/29/17 at 8:58 pm
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
44743 posts
Posted on 12/29/17 at 8:55 pm to
quote:

So she forced him to rawdog it?


I think he means she did the leg wrap deal and don’t let him pull out.
Posted by The Quiet One
Former United States
Member since Oct 2013
12149 posts
Posted on 12/29/17 at 8:57 pm to
Read up on La statutes regarding custody.

Lots of states have gone to best interest of the child model and attempt to equalize visitation as much as possible. Still, one parent sill be designated primary custodian. The other funnels payments through the state for support.

In short, he has plenty of rights. It’s not like the old days when men were trashed in court.
Posted by LSUJuice
Back in Houston
Member since Apr 2004
18049 posts
Posted on 12/29/17 at 8:57 pm to
quote:

he’s covered on that end

If he had been covered, they wouldn't be in this mess in the first place.
This post was edited on 12/29/17 at 9:04 pm
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 12/29/17 at 8:58 pm to
quote:

just kinda forced into this a little bit and he wants to know his options.


Should have checked his options before spewing up in there.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22968 posts
Posted on 12/29/17 at 9:00 pm to
I’m sure your nephew does not want to pay an attorney to handle this, but a little bit of money on the front end will save him a ton of headache and possibly some money on the back end. Tell him to go talk to an attorney that deals with this type of stuff.
Posted by lsucoonass
shreveport and east texas
Member since Nov 2003
69997 posts
Posted on 12/29/17 at 9:09 pm to
You haven't read the ot lately
Otherwise you'd know this isn't believable
Posted by touchdownjeebus
Member since Sep 2010
26663 posts
Posted on 12/29/17 at 9:11 pm to
Get a war chest ready. The amount you pay a good attorney is an investment in your relationship with the child.
Posted by HeadedToTheWoods
Sportsman's Paradise
Member since Dec 2013
1308 posts
Posted on 12/29/17 at 9:21 pm to
10-4
Was hoping someone had an actual example of it happening. No doubt he will prob consult an attorney. I would...
Posted by Evil Little Thing
Member since Jul 2013
11622 posts
Posted on 12/29/17 at 9:21 pm to
As the others have said, he absolutely needs a good attorney. And he should be prepared to make a lot of court visits when she’s non compliant.
Posted by SoItGoes
Baton Rouge
Member since Aug 2016
1069 posts
Posted on 12/29/17 at 9:22 pm to
quote:

needs to hire an attorney... This won't end well. Preempt that by having a Summons and Complaint ready to file and serve before she has a chance to disappear for a month or so or leave the state entirely.


Best advice to follow.
He may end up ok if he doesn’t follow, but this maximizes his chances long term.
Posted by GeorgeTheGreek
Sparta, Greece
Member since Mar 2008
69146 posts
Posted on 12/29/17 at 9:22 pm to
Trashy
Posted by LongueCarabine
Pointe Aux Pins, LA
Member since Jan 2011
8205 posts
Posted on 12/29/17 at 9:24 pm to
quote:

n short, he has plenty of rights. It’s not like the old days when men were trashed in court.


LOFL, that's a knee slapper right there.
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