My question involves a child custody case from the State of: Louisiana
I want to preface this by saying, this is a fictional situation and I'm asking in the interest of doing a little research. I'm really sorry if that's not okay! But in the rules it says not to pretend to be someone else, so I thought, maybe if I'm upfront about this situation being for a novel, you guys might help me out a little.
The situation is this. Mom and Dad were together, not married, and had Son. For various reasons, Mom took Son and left (went home to Uncle and Grandfather, in another state) when Son was eighteen months old. Through a series of misunderstandings and unfortunate events in which Uncle was the chief instigator, Mom stayed away for a year and a half, during which time she gave birth to Daughter, who is definitely Dad's child. Son has Dad's surname, but because Dad wasn't around for the birth of Daughter, Daughter has Mom's surname, if that's at all relevant.
Through my preliminary research I've figured out a few things, I think. First of all, because they weren't married, Dad has no actual rights, correct? Until his paternity is established? Because there was never any question that Son was his, so he never felt the need to assert his "rights". Now, since Mom has already taken off once, he's scared she'll do it again, hence his desire to get something in writing.
So here are my questions:
1. What advice would you give Dad? Right now, all I have is that he needs to establish himself as Son and Daughter's father by having paternity tests. After that, I don't know what he's supposed to do.
2. Given that Mom and Dad were cohabiting and were, technically, both custodial parents to Son at the time Mom left (and despite the fact that Dad had not yet asserted his paternity), was Mom's leaving (and staying away, and keeping Son away) a crime? I looked at the legislation for "simple kidnapping", where a non-custodial parent takes the child from the custodial parent, but that doesn't quite seem to fit.
2a. If it WAS a crime, what is the statute of limitations?
3. Given that the majority of misunderstanding and ill will was due to Uncle's actions, which were deliberate and malicious in intent, is there any way Dad can insist that Son and Daughter have no contact with Uncle?
I'm happy to fill in any more details if they're relevant to having the question answered! I'm also happy to delete this post if the fictional thing isn't allowed here, and if that's the case I'm really sorry to have bothered you all. Thanks in advance for any advice you might be able to give.
I want to preface this by saying, this is a fictional situation and I'm asking in the interest of doing a little research. I'm really sorry if that's not okay! But in the rules it says not to pretend to be someone else, so I thought, maybe if I'm upfront about this situation being for a novel, you guys might help me out a little.
The situation is this. Mom and Dad were together, not married, and had Son. For various reasons, Mom took Son and left (went home to Uncle and Grandfather, in another state) when Son was eighteen months old. Through a series of misunderstandings and unfortunate events in which Uncle was the chief instigator, Mom stayed away for a year and a half, during which time she gave birth to Daughter, who is definitely Dad's child. Son has Dad's surname, but because Dad wasn't around for the birth of Daughter, Daughter has Mom's surname, if that's at all relevant.
Through my preliminary research I've figured out a few things, I think. First of all, because they weren't married, Dad has no actual rights, correct? Until his paternity is established? Because there was never any question that Son was his, so he never felt the need to assert his "rights". Now, since Mom has already taken off once, he's scared she'll do it again, hence his desire to get something in writing.
So here are my questions:
1. What advice would you give Dad? Right now, all I have is that he needs to establish himself as Son and Daughter's father by having paternity tests. After that, I don't know what he's supposed to do.
2. Given that Mom and Dad were cohabiting and were, technically, both custodial parents to Son at the time Mom left (and despite the fact that Dad had not yet asserted his paternity), was Mom's leaving (and staying away, and keeping Son away) a crime? I looked at the legislation for "simple kidnapping", where a non-custodial parent takes the child from the custodial parent, but that doesn't quite seem to fit.
2a. If it WAS a crime, what is the statute of limitations?
3. Given that the majority of misunderstanding and ill will was due to Uncle's actions, which were deliberate and malicious in intent, is there any way Dad can insist that Son and Daughter have no contact with Uncle?
I'm happy to fill in any more details if they're relevant to having the question answered! I'm also happy to delete this post if the fictional thing isn't allowed here, and if that's the case I'm really sorry to have bothered you all. Thanks in advance for any advice you might be able to give.
Establishing an Order: Dad Had Not Established Paternity, Mom Ran. Now She's Back
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