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STEPHANIEEBAY1 · May 6, 2011, 03:44 PM

Make a long story short but with the best detail, the mother was domicile parent to her son from the day he was born until he was 5. Then she had gotten into some drug (pills only) issues and willingly sign over her "domicile rights" to the father (my husband) so now my husband is domicile parent. Can she ever get her domicile rights back? Also keep in mind this August will be 2 years since she's seen her son due to her moving out of state after getting out of a "mental place" due to her trying to commit suicide. If you need more info ill be glad to tell only if you ask because this is a huge situation.

AK lawyer · May 6, 2011, 03:55 PM

I assume by "domicile parent", you mean the parent with whom the child lives most of the time.

In short, yes, of course its possible.

Depending on what happens.

What has happened that prompts this question?

STEPHANIEEBAY1 · May 6, 2011, 04:20 PM

We got wind that she might be coming back down at the end of summer and also she sent an e-mail to my sis-in-law saying she was coming back to get him. But she has not seen him in almost 2 years and she thinks she can just come back and get him. They do have joint custody and she is supposed to get him every weekend but she hasn't done that in almost 2 years. Wouldn't she have to prove the father is unfit or something for her to get domicile back? B/c that was why she signed over her's because she couldn't take care of him.

ScottGem · May 6, 2011, 04:48 PM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

Second, a lot depends on what she signed and what was done with it. Also, ANY question on law needs to include your general locale as laws vary by area. Unless a court modified the custody order giving her primary custody then legally she may still have primary custody and could just take the child back. Even, if a court did grant the modified custody, she could still go back to court show she has rehabbed and, possibly regain custody. But that would prevent her from just taking the child. If she does have visitation, she can exercise those rights, despite being out of contact for 2 years.

AK lawyer · May 6, 2011, 05:18 PM

Originally Posted by STEPHANIEEBAY1

... they do have joint custody and she is supposed to get him every weekend but she hasn't done that in almost 2 years. Wouldn't she have to prove the father is unfit or something for her to get domicile back? ...

If she has "joint custody" and "is supposed to get him every weekend", she could simply assert those rights and he would have to let her have such visitation until the custody order can be changed. So it would probably be best to file a motion right now to put the present arrangement into place, at least until after a period of re-acquaintance.

Originally Posted by STEPHANIEEBAY1

... B/c that was why she signed over her's b/c she couldn't take care of him. ...

You are being unclear here. How is it that they have joint custody, she has the right to have the child every other weekend, and also she has "signed over" her "domicile rights" to your husband? Was this paper ever filed with the court?

And of course, before we engage in this discussion much longer, it would be best if you tell us where (what state) you are.

stephaniesteph1 · May 6, 2011, 05:31 PM

She signed the paper work my husbands lawyer typed up an then it was signed by the judge. They never had to go before the judge because she willingly signed it. I live in Louisiana if that helps. The new court order states that he does not have to pay child support anymore and that they have joint coustoday with my husband being domicile parent. Even before the 2 years of not seeing him she still did not exercise her weekends all the time because of excuse after excuse as to why she couldn't get him on top of her having a warrant out for arrest, 2 dui's

Fr_Chuck · May 6, 2011, 05:32 PM

Joint custody, but who does the court papers say the child lives with. Did he go back to court and get custody of the child changed to him.

But with her having joint custody ( that normally means more than just weekends?? )
But if she by court order is suppose to get the child weekends, then she still has a legal right to get the child on weekends.

stephaniesteph1 · May 6, 2011, 05:33 PM

And trying to commit suicide. I just didn't know if a judge would grant her domicile back when all this has happened in the past 3 years that she signed the domicile over. She will take off with him again like she has before.

AK lawyer · May 6, 2011, 05:40 PM

No child support required but they still have joint custody and the mother still has visitation rights? Louisiana is weird!

In most places, "domicile" simply means where someone lives. In the case of a parent, the child is usually domiciled where the parent lives. I can't determine that Louisiana's Civil Code is significantly different from that. So this agreement would simply mean that the child is a resident, so-to-speak, of the area where the father lives. In short, the term in this case doesn't seem to mean much of anything important. When this agreement was signed did they live in the same parrish? If not, I suppose it might be useful in deciding what judge will rule on the case in the future.

Get her visitiation rights modified now.

ScottGem · May 6, 2011, 05:46 PM

Ok so your husband is the primary custodian. I guess LA calls that domicile parent. I would go back to court and get her visitation changed immediately. At least get it changed to supervised visits. I think you may have enough grounds to get that.

stephaniesteph1 · May 6, 2011, 05:49 PM

I LIVE IN LOUISIANA EVERYONE. To fr_chuck the court papers says the child now resides with the father. She DOES NOT get him more than weekends. She signed and agreed to it. To AK lawyer when I say "signed over" I mean she, in the court papers, said that the father can be domicile parent. He was also ordered to stop paying child support because the child now resides with us instead of her. The only way she would sign it is if the father "gave" her something and in this case it was being able to get her son every weekend even though we knew she wouldn't exercise it. I hope this helps I don't know what other info to give. The only thing I'm really wanting to know is can she take him to court and get the domicile back to where he will have to start paying child support again? Also she lives in another state now.

ScottGem · May 6, 2011, 05:59 PM

Originally Posted by stephaniesteph1

The only thing I'm really wanting to know is can she take him to court and get the domicile back to where he will have to start paying child support again?

Yes, she can take him back to court. Of course she can. I doubt if what she signed stated that it was permanent and irrevocable. Whether she can regain primary custody will be up to the court. It will be difficult for her to overcome what has happened before. But its not impossible.

stephaniesteph1 · May 6, 2011, 06:00 PM

Scottgem, yes my husband is primary custodian now instead of the mother. To AK lawyer, when everything was changed almost 3 years ago my husband did not want child support from her because he knew she would not ever pay, she never had a job.

AK lawyer · May 6, 2011, 06:06 PM

Originally Posted by STEPHANIEEBAY1

... To AK lawyer when I say "signed over" I mean she, in the court papers, said that the father can be domicile parent. He was also ordered to stop paying child support bc the child now resides with us instead of her. ...

I get it now. Thank you for the clarification. What I find strange is that she isn't required to pay child support. In most places she would be ordered to pay. Whether the custodial parent chooses to enforce this is of course up to him. And please understand that the term "domicile parent" is confusing no a non-Louisiana lawyer such as myself. The child resides with you, but if the mother exercised her visitation the child would be "living with" her on weekends.

But OK, I understand.

Originally Posted by STEPHANIEEBAY1

... The only thing I'm really wanting to know is can she take him to court and get the domicile back to where he will have to start paying child support again? ...

Yes. Anything is possible. Not likely, but possible.

stephaniesteph1 · May 6, 2011, 06:14 PM

Ok now the new question is, can we go to court to get it revised, or whatever it's called, without her being there? Since she's been mia for almost 2 years?

ScottGem · May 6, 2011, 06:20 PM

You have to server her notice. She is entitled to due process. If she doesn't show that's up to her. If she does you need to be prepared to prove why you are entitled to a change in the court order. Your attorney will help you prepare for this.

AK lawyer · May 6, 2011, 06:22 PM

Originally Posted by stephaniesteph1

Ok now the new question is, can we go to court to get it revised, or whatever it's called, without her being there? Since she's been mia for almost 2 years?

You would normally (absent some kooky Louisiana theory that I am unaware of) have to serve her with notice of such a motion. Assuming she is served, whether she attends is up to her.

It is however concievable that your husband could apply for an emergency ex parte order in her absence.