Orlando, FL asked in Child Custody for Louisiana

Q: If a relative has petitioned for sole custody from the parents, but they had already did a provisional custody, void?

We had been trying to pick up the child for almost 3 weeks but the relative refused to give the child back. She would leave the residence and not let the parents know where she was. On January 18, 2021, the parents signed off very provisional custody by mandate over to me, and the relative petitioned for sole custody on January 25, 2021 against the parents. Does it void the petition or does it void the provisional custody by mandate?

Related Topics:
1 Lawyer Answer
Ellen Cronin Badeaux
Ellen Cronin Badeaux
Answered
  • Divorce Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: Your attorney can Intervene on your behalf into the relative's petition for sole custody and an exception of res judicata. If you don't have a custody lawyer, you need one.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.