Fort Worth, TX asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Louisiana

Q: can my son's aunt void out my transfer of custody by mandate done Jan 18th by getting ex parte on jan25th??

I had a notary come and notarize transfer of custody by mandate on January 18th 2021 me & the father signed.

Our sons aunt who our son has been with since November 19th of 2020 had no legal rights to him we never signed anything giving her any type of custody any type of guardianship.

The aunt was helping us care for him being as I had 2 sons back to back in 2020. As soon as we told her we wanted to come pick up our son she would not tell us his whereabouts and when we tried to inform her that we had already signed all right for someone else she then turned around and served me and the father with paperwork and had an ex parte of protective custody order put against me and the father because we wanted our son she had this filed and notarized on January 25th of 2021 she did not come after the person we sign our rights away to on the 18th of January 2021. Is our notarize document still good? can she legally bypass that because of the ex parte? can we get our so since we did it first???

1 Lawyer Answer
Ellen Cronin Badeaux
Ellen Cronin Badeaux
  • Criminal Law Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: The answer depends on what she alleged in her Ex Parte Petition. You need a custody lawyer to review that and the facts of the case with you. You have a hearing coming up.

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