Thibodaux, LA asked in Child Custody and Family Law for Louisiana

Q: I have joint custody of daughter , ex wife is custodian who just lost home and whole community is devastated by flood.

Her school is closed indefinitely. I went get my daughter out of the flood 5 days ago. She has her own room and comes every other weekend and 7/7 for summer. She asked about the school near my home. I talked to principal and being she is here from a devastated area , our parish is waiving usual paperwork and allowing them to attend. Her mother will not hear of it, she told me that i am not to put her in a school here and that if I do, she will pick her up and take her back to her devastated community. They are currently living with friends because their house is destroyed. What are my rights right now? My child is already traumatized from watching the floodwaters rise in her home before I went there by boat to get her, she had a second home here.

She loves it here and wants some normalcy even if just until her town is rebuilt?

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1 Lawyer Answer

Robert Martin Louque Jr

Answered
  • Divorce Lawyer
  • New Orleans, LA
  • Licensed in Louisiana

A: In most cases, a judge is not going to change custody over a natural disaster. If there are other circumstances you may be able to change custody but a judge should not change custody over the current historic flooding because it simply is not the mother's fault. As the domiciliary parent, she has a right to demand you did not put the daughter in school where you live.

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