Odd, kind of personal legal question

[Dijos]

I have a son that I haven't seen in about 3 years. ( not my fault-his mom has denied me access, and I live in a different state) About 1 year ago, I got a notice that my parental rights (including visitation) were terminated by the state of Louisana. I live in Florida, but my case is in LA. I have had a few folks tell me that this is totally illegal, and that the state of FL may be able to help me in this matter. Does anybody know where I would start? Is this total BS? Can the state of LA take away my rights and still make me pay child support (which I pay, and am happy to)?

Any and all help would be appreciated. Thank you.

BTW, If you'd rather not post here, feel free to email-it's in my profile.

 

[Ken C.]

I don't know squat about the laws but I can tell you that as a parent if anyone tried to take my rights as a parent I would be fighting it tooth and nail. Regardless of the circumstances you are still the childs parent. You did not give up those rights and no one should take them from you. Not your ex, not the State, no one. Fight it and fight it hard. I wish you luck. Please keep us updated.

 

[rifon2]

I hate to tell you this, but you need a good family law attorney.

Interstate law regarding custody and visitation rights is very complex and will easily trip up a novice.

Please don't try to handle it yourself.

 

[jsmatos]

My gut says that the court didn't obtain personal jurisdiction over you. The child must live in Louisiana so it had jurisdiction over him/her. I would retain an attorney in Louisiana to review the matter. I do wonder, however, why you've waited a year before coming forward with an objection. The courts will want to know the answer to that one too. None of that changes the juridictional issue. It's the Louisiana court that entered the order, so it would be Louisiana law that would control in this matter. I don't know too much about child custody issues, thankfully, I'm not a family law attorney. Where's Nathan hiding???

I don't encounter too many jurisdictional issues in my practice. It's pretty straight forward when you do estate planning, probate, guardianships, etc...

 

[rifon2]

During my stint in Family Court - in a Custody & Visitation Part - these issues would arise constantly. States competing for jurisdiction in such matters eventually resulted in Uniform statutes which have been adopted by the states during the past few years - notably The Uniform Child-Custody Jurisdiction and Enforcement Act. I've worked with it, written on issues arising under it, and
as one forum member to another I again suggest you consult with a competent Family Law attorney. I would start with one in Florida for convenience's sake - explain the facts - and they'll advise you whether seek counsel in Louisiana instead.

(Louisiana goes its own way in a great deal of the law - differently than the other 49 states - because much of its law has evolved from the French civil code. Much of the law of the other 49 states evolved instead from English common law.)

So as jsmatos suggested, a Lousiana attorney might be in order for you. If I were in your shoes on this, though, I would start with Florida counsel who can parse the facts and give you the guidance you need.