Expert: Morgan Smith - 9/9/2011

Question
QUESTION: My 28 yr old granddaughter lived with her boyfriend for 10 yrs. They have a 8 yr old son. He has a new girlfriend now and wants no part of my granddaughter. She and the child are living with me. What legal rights does she have in the state of Louisiana?
He has a good job but doesn't want to help her. Thank you

ANSWER: Dear Sista,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question appears to be about child support.

It seems that your granddaughter already is effecting custody by default, and doesn't sound to me like the parents have bothered to go to court yet to formalize their rights and responsibilities.

I recommend that you bring your information to an attorney licensed to practice in your state (or commonwealth), particularly someone with experience in family law.  In my state what I would do is help write a motion to establish child support, and help work toward a court order to attain that relief.  If the non-custodial father has been essentially absent for 8 years, it seems to me that the mother would be awarded sole physical custody, and child support based on father's income.  I urge you both to move quickly, because to my knowledge your grand daughter would not be elligible for any support payments before the order is made.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law



---------- FOLLOW-UP ----------

QUESTION: The couple lived together for 10YEARS but have been separated
for only 2WEEKS but unless my granddaughter gets an attorney
the situation would be the same in 10 more YEARS.
Thank you for your promptness.

Answer
Dear Sista,

The same conditions of my initial response apply to this follow up.

I understand your assessment, and if you are right (and I reckon that you are) then your granddaughter should act without delay to file the motion I described or the equivalent in your state (or commonwealth).

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law