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.