Visitation in Louisiana with an aunt

[tiredinil]

I'm the custodial parent of a 4 year old child who spent a year and a half of his life with his aunt on his father's side in Louisiana.  My son and I are both residents of Illinois.

Since my son has returned back home with me, I've not spoken to the aunt since--I'd rather not get into the reasons why, but there are safety issues with the aunt and have felt it's in my child's best interest to cut ties.  The aunt is now taking me to court in Louisiana for visitation.  I'm unemployed, cannot afford an attorney, cannot afford to travel to contest visitation and am having horrible time trying to get any kind of legal assistance in Louisiana to contest visitation. 

I have a few questions, one being, when she's granted visitation and I don't comply....what can Louisiana possibly do to me for non compliance for visitation with an aunt?  How can I get legal help down there? 

[ocean]

How long ago did this happen? If you lived with the child for more than 6 months, you can have your local courts take over and she would have to file in your home state.

When you received custody, they did not give aunt any time with child? or suggest the child have time?

If you cant go, you can call the local courts and ask to be on the phone during the conference BUT first I would talk to a lawyer about throwing her case out since the case should not be heard in her home state. What court gave you custody?

You really need to have a job and show you can take care of this child so the aunt does not regain custody again. Aunt's usually can not get visitation but in this case since the child lived with her they may give her limited visitation.

If she were to get a court to give her visitation and you don't comply then you would be in violation of a court order and she can file contempt charges against you. What does this mean? Most times nothing but eventually a few of them the judge wont like it and may switch over custody for not following the courts orders.

[tiredinil]

I've always had custody of my son.  I granted her temporary placement for my own financial struggles.  I've also requested that the court grant me a phone conference because my son and I are both residents (and always have been) residents of Illinois, but the court won't allow it.  They said I have to be present or obtain counsel who needs to be present. 

[ocean]

Call legal aid in your home state and in her state and see if you can talk to someone. If you have no income then you should qualify for legal aid. (although you will need to prove how you are supporting child).

Did you give aunt custody through the courts or just on your own?
When did you take child back to your state?

How far away from you is the aunt and what how often is she asking to see child?

[gemini3]

If she's granted visitation and you do not comply you can be held in contempt of court, regardless of how the person is related to the child.

Where is the child's father, and what is his say in all of this?

[tiredinil]

My problem with legal aid is this, they only take calls once a month....the first 7 callers between 8-9 AM the middle of the month.  When I can't get through, I have to try again the next month. 

I granted her temporary placement, it was not through the courts.

I've had my son back since January and she's several states away..I'm in Illinois and she's in Louisiana. 

I don't know how often she's requesting to see my son.  I've not had contact with her since he's been back with me.  While he was in her care, he was molested by an older male cousin/next door neighbor.  The aunt knew of it but told my son not to say anything to anyone.  It was reported, but nothing came of it.  Anyway, I didn't think I'd ever have to deal with this person again.

If I can't get in contact with legal aid up here to get the referral to a Louisiana legal aid attorney, how big of a deal is this.  This woman has never had custody, I've ALWAYS been the custodial parent, even if I'm in contempt of court what are they really going to do to me?  I can't see them spending $1000's to extradite me to Louisiana for denying visitation to an aunt?  In Louisiana any yahoo can request visitation and the custodial parent has to prove why they shouldn't be granted visitation?  What the hell? 

[tiredinil]

Gemini, the father has been in prison this whole time.  The reason my son went to Louisiana in the first place was because the father wiped out my savings account and destroyed everything I owned with the exception of my clothes and sons belongings.  He's out of the picture and waived his right to contest visitation for the aunt. 

[gemini3]

You don't necessarily have to prove why she shouldn't have it.  You can request that the case be dropped for lack of jurisdiction.  Jurisdiction is based on the child's home state, which is decided by where the child has lived for the last six months.  Since the child has lived in IL for ten months, IL has jurisdiction.

[tiredinil]

Really?  That makes MUCH more sense.  What do I do if I can't retain an attorney to fight visitation to appear in court and request the proceedings take place in Louisiana though?  That's one of the problems I'm having--and that's simply finding someone to appear in court on my behalf.

[gemini3]

I'm not sure how things work in LA. You could call the clerks office on Monday and explain to them that someone has filed, but that LA doesn't have jurisdiction because the child lives in IL.  Ask them what your next steps should be.

[NYParent]

Louisiana does things completely different from other states...actually their laws are quite screwed up. 

But even though they do things differently they still have to follow jurisdiction regulations.  In your case Illinois has jurisdiction  and therefore if the aunt wants to get court ordered visitation then she would have to file in your state as it is the home state of the child and the one that has jurisdiction over the case.   

As far as answering to the Louisiana petition you should file a motion to dismiss for lack of subject matter and personal matter jurisdiction (I can send you a private message [PM] with a sample one if you'd like).  La has NO standing to make any sort of orders over you or your son.  Even if they did they cannot be enforced as they have NO JURISDICTION.  I wouldn't even show up to court....because if you do that may be construed as giving into their jurisdiction.

   

[tiredinil]

Louisiana has very screwed up laws, I don't even know of another state that would allow an aunt to take me to court for visitation! 

As far as the lack of jurisdiction though, I've called the clerk of courts in that parish and was told that they did have jurisdiction because the aunt, whom my son temporarily resided with, lives there.  This whole situation seems insane to me.   

[ocean]

Anyone can go file anything....it is up to you to get it dropped or for the judge to dismiss the case. File for dismissal based on jurisdiction. The clerk does not know that laws, especially since the child has been with you for more than 6 months. Then sit and see what happens.

Do you have enough proof of what happened with the aunt? If you do, you may be able to get a restraining order in YOUR family court against the aunt. This will not allow the aunt to come near the child, take child from school, ect...
That she is harassing you and wants to visit the child and you do not believe she is able to keep the child safe and as her parent you have that right. Might be worth a shot...(maybe ask a lawyer near you...). Then the aunt would have to come to your area to fight the RO and prove why she should be able to see child.

[Davy]

I suggest you be very cautious with this situation.

Louisana has no jurisdiction like others have said but the aunt can legally claim visitation as a person acting as a parent.  This is a provision of the Uniform Child Custody Jurisdiction Act (UCCJA) and all states should have this wording.

The reason to be cautious and why the child could be at risk is because some back roads lawyer down on the bayou may illegally turn your case into a custody matter especially if they are wrongfully claiming jurisdiction.  The aunt then  appears at your son's school waving custody papers (or document providing access) and puff ... he's gone.

My Ex-wife did this to our youngest son using an old IL illegal custody order out of the clear blue 5 years after the initial snatching and from the same TX school his older brother and sister were attending at the time.

Consider taking the offer from NYParent. And maybe asking your IL court notify the LA court of IL proper jurisdiction. 

[MixedBag]

Jurisdiction -- Here we go again.

I am confused about the advice being given.

Let me summarize what I think are important points:

1.  Dad is in jail.

2.  Dad signed over parenting time rights to Aunt.

3.  Aunt is in Louisiana.

4.  Mom and child are in IL.

Aunt is STILL in Louisiana.

WHERE was the original divorce done?

Why are folks saying to have the order domiciled in IL -- unless I missed that the original divorce was in IL -- when one party is still in Louisiana and hasn't moved?

Tired, I feel for the child and see your concerns.....

For some hearings, yes, the court should allow you to speak via phone.  For other hearings, it's much much better that you appear in person to see and hear what's going on.  SO....start saving your pennies, it all adds up to paying the travel bill and legal bill that's gonna pile up down the road.

What does the original order for the divorce say for parenting time?

[gemini3]

MixedBag - when she said she and her son have always lived in IL, I assumed that to mean that IL would be where any custody paperwork would be filed.  If there is any. 

She doens't say if she and the father were every married or divorced.  She doesn't say that he signed over his parenting time to the aunt - just that he's not contesting the aunt's request for visitation.  From what the OP said there was never any formal paperwork when the aunt was caring for the child.

The party in LA is the aunt, who has never had any court ordered custody or guardianship of the child.  So IL should have jurisdiction since that's where the child has resided for the last 10 months. 

[MixedBag]

Gem -- I hear ya, hoping she will come back and answer too.