Lawyers, Answer Questions  & Get Points Log In
Louisiana Child Custody Questions & Answers
1 Answer | Asked in Divorce, Child Custody and Family Law for Louisiana on
Q: Hello, what is the likelihood a male may be granted SPLIT or JOINT custody in Louisiana?

Married for 10 years, child is 7 years old, both would be living locally to child's school, no criminal history for both parents, no history of domestic abuse from either parties, no infidelity on either side, everything is under fathers name, father employed as AVP Branch Manager, Wife... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 16, 2024

All cases are different and depend on the specific facts however the Courts prefer that both parents be involved in the life of the child so based on that, the likelihood of joint custody is high. I am not sure what you mean by SPLIT. If you mean SHARED, then the answer remains the same: the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: Can I divorce my husband I have 2 kids with for free and how long would it take if I give up rights to kids
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2024

In Louisiana, obtaining a divorce, even with the intention of relinquishing rights to children, may not be entirely free due to court fees and possible attorney costs. However, low-income individuals might qualify for a fee waiver or reduced-cost legal services through legal aid organizations. The... View More

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Can i sue CPS for keeping my child in custody after court charges have been dropped and my case plan is completed?

Charges were dropped due to lack of evidence and the case plan was completed months before they were able to move him to the state i was living in.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

In Louisiana, if Child Protective Services (CPS) has kept your child in custody after charges against you have been dropped and you've completed your case plan, you may have grounds to take legal action. However, the decision to sue CPS should be carefully considered and based on a thorough... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: How do I know if a motion to reset a hearing conference was granted or when will the next hearing date be or far

Away from the date I filed for the motion will be the new date ?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 18, 2024

The judge will sign a written order either granting the motion to reset or denying it. If the motion is granted, the order will state the new date. If the hearing officer conference is drawing near and you haven't received the judge's order yet, I'd suggest calling the clerk's... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: Me ex husband and I have been sharing custody of our daughter for 8 years without papers now he is refusing to give her

Back to me or let me talk to her what do I do

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 20, 2023

If you do not have any paperwork/orders signed by the Judge detailing your custodial time then you need to file something with the Court asking that custodial time be set which will detail when you exercise custodial time and when your ex does. If you have such an order and he is in violation of... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Do you have to contact birth father if they weren't married to the birth mother and didn't go to court for rights?

My daughters birth father and I weren't married and didn't take me to court for rights to our daughter. Now my fiance and I are looking into adoption, the birth father hasn't made contact in over a year and hasn't seen the child in over a year. So I'm just wondering what do... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Nov 19, 2023

The birth father may have to be placed on notice of the intent to adopt; however, his consent may not be required if he failed to communicate or attempt to communicate with the child without just cause for over 6 months. Your fiance would likely need to marry you, however, to be considered for an... View More

1 Answer | Asked in Child Custody for Louisiana on
Q: In the state of Louisiana is the salva drug test used in courts?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In Louisiana, courts may use various types of drug tests, including saliva-based tests, in legal proceedings where drug use is a relevant issue. This can include family law cases, particularly those involving child custody or welfare. Saliva drug tests, like other types, are utilized to assess... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Married to child's mother, mother went to jail. Child is being hidden by grandpa.
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023

If the child's mother has gone to jail and the child is being hidden by the grandfather, it may be a complex situation involving family law and child custody issues in Louisiana.

In such cases, the child's well-being and best interests are paramount. If you are the child's...
View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Louisiana on
Q: Q: Filed a petition for custody based upon abuse and to establish child support what I’ll be the first step of this case
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 6, 2023

If you filed the petition and you had an attorney file it on your behalf, then please speak to your attorney and discuss this. If you filed it without an attorney, then please use the Justia Find a lawyer tab and search for family law/cusody/support lawyers in the parish the petition was... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: What portion of out of pocket medical expense is non custodial parent responsible for?

I am custodial with joint custody of our 16 year old daughter. Always been a stay at home mom. Remarried for 11 years. Ex husband CHOSE first four days of each month visitation only. He exercised this 3 x in 12 mons. Makes over $60,000 a year and pays $500 per month court ordered support. He has... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 22, 2023

You need to review the order/judgment signed by the presiding Judge and see if it answers the questions you are asking. If it says that he is responsible for some of these costs, then yes, he is responsible. If the wording is vague then you should consult with a family law attorney in your... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: my husband has filed for a no fault divorce while he was cheating on me throughout n was involved in adultery n voilance

i have minor child i want to know what are my legal rights

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 23, 2023

To best protect your rights, you will need to have a lawyer in the legal proceedings. As such, you should really begin meeting and consulting with a family law attorney(s) in your area so you can hire the one with whom you are most comfortable. There are many issues involved, including but not... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can i move in with my father?

I am almost 17. My mother and my father have joint custody but I was never able to see my dad, along with my sisters and stepmom because of my mom. My dad lives in missouri i live in louisiana. If my dad came and got me and took me in to live with him would I be forced to go back home?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 15, 2023

You didn't say whether there's a judgment determining custody, but your statement that your parents have "joint custody" makes me assume that there is one. Your father would need to file a Rule to Modify Custody in the custody case asking the court to give him domiciliary... View More

1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Domestic Violence for Louisiana on
Q: How can I get a lawyer to takea case pro bono? Legal Services where I live says they don't have the resources

Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 3, 2023

I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: in louisiana is a notice of deposition a requirement by the courts to go and answer to the other parties attorney.

I do not want to answer to them, and my attorney is not deposing them, and telling me to go to this deposition. It feels to me I'm bringing the bullets to the gun owner. .. It is a custody case with many twist .

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 19, 2023

If you were not subpoenaed to appear, then you cannot be punished for refusing to appear, assuming you are not a party to the lawsuit. You mention that your attorney is telling you to go, which makes me think you are a party, however. If that's the case and you fail to appear, then the... View More

1 Answer | Asked in Family Law, Child Support and Child Custody for Louisiana on
Q: Is it hard to prove that you child’s father has a business (second income) if he don’t file taxes for that business?

He have business cards and a Quickbook account he gives customers receipt from. I have a copy of the business receipt that was given to a customer for him replacing his AC unit.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Dec 1, 2022

Any credible evidence can be used to prove income. It's important, however, to make sure that the evidence you have is admissible under the Louisiana Rules of Evidence. You should consult with an attorney familiar with custody and child support cases to make sure you have what you need.

1 Answer | Asked in Child Custody for Louisiana on
Q: If I know my grandchildren are not in a good environment and are around not good people, can I fight for custody?

The material grandmother has custody

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 22, 2022

Sure you can however it does not mean you will win----the overall circumstances and what's in the best interests of the children are the big points. Also, you do not mention the children's parents and what's the children's parents here. All said, if you are wanting to get... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What rights do I have as a father for guardianship with my son I went to jail I signed him over myself no right taken.

I got out in December moved to Tampa for work have kept in. Contact and flew in from Florida twice to spend the weekend with him and have held a steady job running heavy equipment until last month I returned home to go to work in a chemical plant I’ve completed my parole perfectly I have a home... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 16, 2023

A lot depends on what exactly you signed (and/or gave up). I recommend taking a copy of the paperwork you signed to a child custody or family lawyer so you can have a more specific conversation as to the best way for you to achieve what you desire. Good luck.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: 14yr.was arrested for felony in La. He was released in his aunts custody.Does he have to stay by her or can he come home

His mom was charged too.Judge said hes not releasing him to mom. I know the aunt doesn't have full custody. But doesn't he have to stay by her at least thru the court process?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 5, 2023

It depends on the conditions of his release. If he was relased from secured custody on the conditio he stay with his aunt then then needs to stay with his aunt.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Is a petition for temporary custody a temporary custody or a mandate for temporary custody without dates specified?

Me & the father both signed this petition to his mom. We are trying to figure out what kind of custody she has if it was only a petition for temporary custody. Done by a notary republic. Monroe Louisiana

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 22, 2023

Without seeing the document in which you are referring, we are only guessing what it is and what's been done. I would contact a custody or family law attorney in your area and bring the paperwork to the attorney you see and discuss your options. Plus if you go to Court, you really should... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Am I required by the courts in Louisiana w/notice of deposition of opposing party, and not have any legal consequences.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

Your post is missing something which does not allow one to attempt to answer your question.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.