Parental Kidnapping Law in Louisiana

[sal102587]

My question involves a child custody case from the State of: Louisiana

Loooong story short. My husband is from LA, I'm from PA. We lived in PA for a few years, he joined the Air Force and we were stationed in NC. He was discharged and we moved to LA. We were married in PA in 2009. Both babies were born after we were married, he's on the birth certificate for both. One was born in PA, one was born in LA.

He isn't abusive, he's a good dad, but I'm no longer happy with him. I'm miserable living with him to be honest. We've "tried to make it work" for over 2 years now and it hasn't gotten better, in fact it's gotten worse.

I need to call legal aid to see if I would qualify for some help with the legalities. I need to find a job and a new place for us (myself and the kids) to live.

Here's the thing though... everyone keeps telling me to just move back home to PA with the girls. From what I read, since we're married and he's the father of both, he automatically has joint custody... and thus unless I have permission (which I don't, he's already told me he wouldn't give it), I CAN'T just move to PA with them... It would be considered parental kidnapping.

Furthermore, when we would go to court for custody/divorce, wouldn't I have to be here? I'd have to pay to fly back and forth which I can't afford. I literally have nothing... no job, car, money, etc. He's been sole provider while I stayed at home with the kids because childcare is so expensive.

I guess I'm just asking to see if I"m right about the parental kidnapping so I can tell people to shut up about moving home... and any/all advice I can get.

Thank you!

[Dogmatique]

Never, ever listen to "everyone". They are never, ever correct unless they actually have some sort of legal experience.

Here's the info:

§355.4. Notice of proposed relocation of child; court authorization to relocate

A. A person proposing relocation of a child’s principal residence shall notify any person recognized as a parent and any other person awarded custody or visitation under a court decree as required by R.S. 9:355.5.

In your state, you have the burden of proof to convince the court why relocation trumps Dad's rights.

Pay attention to that - you do not want to show the court that you don't care about either the law, or Dad's rights. Do you really want to have to explain to a judge why you simply up and left, without getting it sorted out legally?

If it comes down to a choice - and it may very well do that - you'll be making a decision. Do you move anyway and let Dad have custody, or do you stay?

[Mr. Knowitall]

If I understand correctly, you live with your husband and are thinking about separating? Or is it that you're thinking about divorce? If there's no court order in effect governing custody, then you have a situation where if you move to another state your husband has the opportunity to file for custody in Louisiana, where he can potentially ask the court to order the children returned to the state and where (as you note) it will be difficult for you to litigate if you are living in Pennsylvania.

The parental kidnapping statute I see for Louisiana provides, "Simple kidnapping is:... The intentional taking, enticing or decoying away and removing from the state, by any parent of his or her child, from the custody of any person to whom custody has been awarded by any court of competent jurisdiction of any state, without the consent of the legal custodian, with intent to defeat the jurisdiction of the said court over the custody of the child." Louisiana r.s. 14:45(A)(4); that statute does not apply in the absence of a court order.

[sal102587]

I don't intend to go regardless. I just kinda wanted to find the article/something to show people who keep mentioning it to me... It's getting annoying... instead of giving me advice on how to go from here STAYING in LA, people keep just suggesting me to go back to PA... which isn't helping me at all.

He's a good Dad and I don't want to take the kids from him. I want to stay here and share custody.

From what I read though, there will be a year wait before I'm allowed to get a divorce since we're married and have kids... but until then, how can I get child support/alimony until I can get on my own feet. I have no family or friends here.

It's just a tough situation and I feel trapped and I'm sure there's something I'm missing that'll help me. Is there legal separation? Can I file that so I can be given some welfare until I can get on my feet? I'd ask my family for help but they are disabled and don't have much to spare.

I'm just looking for advice, tips, help. I can't ask my family because they only know PA laws.

- - - Updated - - -

If I understand correctly, you live with your husband and are thinking about separating? Or is it that you're thinking about divorce? If there's no court order in effect governing custody, then you have a situation where if you move to another state your husband has the opportunity to file for custody in Louisiana, where he can potentially ask the court to order the children returned to the state and where (as you note) it will be difficult for you to litigate if you are living in Pennsylvania.

The parental kidnapping statute I see for Louisiana provides, "Simple kidnapping is:... The intentional taking, enticing or decoying away and removing from the state, by any parent of his or her child, from the custody of any person to whom custody has been awarded by any court of competent jurisdiction of any state, without the consent of the legal custodian, with intent to defeat the jurisdiction of the said court over the custody of the child." Louisiana r.s. 14:45(A)(4); that statute does not apply in the absence of a court order.

I see, so whatever I read was wrong stating that automatically there's a custody order since we're married.

Either way, yeah, people keep giving bad advice... even if I DID take them up there, he WOULD file for joint custody and WOULD get it because there's no reason he wouldn't. He's not an abusive Dad or husband.

Kinda pointless though, even if I legally could, I wouldn't. I don't want to take them from him.

[Dogmatique]

You can absolutely file for child support and alimony; you may or may not get alimony.

[sal102587]

You can absolutely file for child support and alimony; you may or may not get alimony.

Ok, I wasn't sure how that worked, if you had to be divorced to get child support. I understand about the alimony. Hoping I can, I haven't been unfaithful and have been a SAHM since the girls are little. Fully intend to get a job but for transition purposes...

What about for things like Food stamps... do I need to file for a legal separation or how does that work?

[Dogmatique]

See if this helps:

http://www.hg.org/divorce-law-louisiana.html

http://louisianalawhelp.org/resource...video-and-text

[llworking]

Ok, I wasn't sure how that worked, if you had to be divorced to get child support. I understand about the alimony. Hoping I can, I haven't been unfaithful and have been a SAHM since the girls are little. Fully intend to get a job but for transition purposes...

What about for things like Food stamps... do I need to file for a legal separation or how does that work?

You generally don't need to file for a legal separation in order to get food stamps.

Your best bet is to get a job and save up enough money to get an apartment, before you take the plunge.