Appendix 230B Family Law Affidavit

RULE TO CHANGE CUSTODY FROM SOLE CUSTODY
TO JOINT CUSTODY AND TO DESIGNATE CUSTODIAL PARENT

NOW INTO COURT, through undersigned counsel, comes who suggests to the Court the following:

I.

Petitioner and Defendant were divorced by Judgment of this Court on the day of , 20

II.

Pursuant to said Judgment, Defendant, , was granted the sole care, custody and control of the minor children born of the marriage, namely and , subject to 's specific visitation privileges set forth therein.

III.

Petitioner, , now desires the joint custody of said minor children, with Petitioner being designated as custodial parent, subject to reasonable visitation by

IV.

Your Petitioner alleges that during the month of , 20, the minor children, and , made allegations of physical and sexual abuse by the husband of

V.

Your Petitioner further alleges that these allegations are being investigated by the Parish Sheriff's Office, and in connection therewith, the minor children were removed from their mother and placed with your petitioner by the Honorable District Judge, Parish.

VI.

Petitioner, , further alleges that because of the allegations of physical and sexual abuse, that immediate and irreparable injury may occur to the minor children and, therefore, it is in the minor children's best interest that he be awarded the temporary care, custody and control of the minor children, and , until further orders of this Court.

VII.

Petitioner, , desires that any child support he has been ordered to pay be temporarily suspended pending further orders of the Court.

WHEREFORE, Petitioner, , prays that this Honorable Court order the Defendant, to show cause on a date and at a time to be fixed by this Honorable Court, why petitioner and defendant should not be granted the joint custody of the minor children born of the marriage, with being designated as custodial parent, and that be awarded reasonable visitation privileges.

Petitioner further prays that he be awarded the temporary care, custody and control of the minor children until further orders of this Court.

Petitioner further prays that any child support he has been ordered to pay be temporarily suspended pending further orders of this Court.

RESPECTFULLY SUBMITTED,

Defendant can be served at:

LA

STATE OF LOUISIANA

PARISH OF

BEFORE ME, the undersigned Notary Public, duly commissioned and legally qualified within and for the Parish and State aforesaid, personally came and appeared who, being first duly sworn, did depose and say that:

1. He is the petitioner in the above proceedings;
2. All of the allegations of fact contained therein are true and correct to the best of his knowledge, information and belief; and
3. That due to allegations of physical and sexual abuse of the minor children, he feels that immediate and irreparable harm will result to the children and is therefore requesting a temporary custody order prior to a hearing being held.

SWORN TO AND SUBSCRIBED before me this day of , 20

NOTARY PUBLIC

ORDER

Considering the foregoing:

IT IS ORDERED that Defendant, , show cause on the day of , 20, at o'clock .M., as a fixing, why Petitioner, , should not be granted the joint custody of the minor children born of the marriage, namely, and , with being designated as custodial parent.

IT IS FURTHER ORDERED that be awarded reasonable visitation privileges.

IT IS FURTHER ORDERED that is granted the temporary care, custody and control of the minor children, and , until further orders of this Court.

IT IS FURTHER ORDERED that any child support which Plaintiff, , was ordered to pay be temporarily suspended pending further orders of this Court.

THUS DONE AND SIGNED at Louisiana, this day of , 20

DISTRICT JUDGE