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Questions Answered by Douglas Lee Bryan
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law 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... Read 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... Read more »

1 Answer | Asked in Family Law for Louisiana on
Q: My father passed and my stepmom neglected to tell me and my other sister for weeks. He didn’t have a will

My stepmom has never liked me and my older sister. We’re both over 18. My dad passed on December 1st of 2022. We didn’t find out about it until December 14th from a distant friend of the family. She never told us. We found out later from our two little sisters that still lived in the house that... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 27, 2023

Yes, you should contact an attorney immediately who handles successions law to discuss your options. You can ask for a protective order to protect your interest in his estate.

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: Medical malpractice: While in the Care of Tioga Community Care ( terrible reputation ) rehab for a fall in my driveway!

While in the Care of Tioga Community Care ( terrible reputation ) rehab for a fall in my driveway resulting in a concussion and a stay in Rapides Hospital after which I was sent to Tioga where I vaguely recall, arguing with nurse Shannon. It seems I fell in my room ending with an Ambulance ride to... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 27, 2023

Nursing home negligence falls within the Medical Malpractice Act in Louisiana. You should contact an attorney directly who handles medical malpractice matters. Good luck.

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... Read more »

1 Answer | Asked in Car Accidents for Louisiana on
Q: Does Louisiana’s no pay no play law exclusion for legally parked cars apply if the driver is not in the car.

I had insurance on 2 of my vehicles, I’m not sure why the 3rd wasn’t on there. I was in the hospital having surgery and someone backed out of the parking space next to my car swiping the back corner, my taillight and scratched my bumper.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 6, 2023

No, if your vehicle was legally parked at the time of the accident, Louisiana's “No Pay, No Play” law does not apply even though you were not carrying insurance.

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.

2 Answers | Asked in Traffic Tickets and Car Accidents for Louisiana on
Q: I was involved in an accident, a trooper wrote up a ticket and gave me a court date. The other party has an attorney...

I was pulling out of my driveway and didnt see the car coming to my Left due to fog. I tied to gun it but they tried going into the left lane. We collided and totaled both vehicles. No one was injured. About 5 officers were on the scene but supposedly a trooper needed to be there as well. He wrote... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 30, 2022

Contact your insurance agent or your insurance company (your insurance ID card or policy has a number to report accidents) and let them know about your accident, if you haven't done so already. Make sure you get the claim number. Let them know of the attorney's name and information if... Read more »

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1 Answer | Asked in Family Law for Louisiana on
Q: How would my husband and I take over a conservatorship of his mother with early dementia who is being neglected?

Her daughter has become addicted to drugs and is not caring for her. She did not inform him of the conservatorship when she did it. Now we have to make medical decisions and can not.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 20, 2022

In Louisiana, a conservatorship is called an interdiction. When an interdiction is granted, the court appoints a curator (or curatrix if female) and an undercurator. Usually, the undercurator would file something informing the court that the curator is no longer capable of serving; however, any... Read more »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Louisiana on
Q: I lived temporarily in New Orleans for 4 months with my minor child and her home state is NY, can I get case transferee?

I was served by her father who is a New Orleans domicile seeking joint custody and to establish paternity also he is not on the birth certificate. I moved my daughter her temporarily (4 months) and her home state is in New York (10 months). Can I have the case transferred or dismissed even though... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 10, 2022

You really need to speak with a Louisiana attorney who handles custody matters. There's a lot of additional information the lawyer would need to know to answer the question, such as where the child was born and when the petition was filed.

1 Answer | Asked in Adoption for Louisiana on
Q: Does the son have rights to their biological mother even though he was given up for adoption?

Woman passed away in Louisiana. She is divorced, gave her son up for adoption in Georgia, parents are deceased, and has two surviving siblings that are handling her cremation arrangements. Although she gave her son up for adoption, I'm told the adopted son still has rights and will have to... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 4, 2022

A child that was surrendered for adoption still has the right to inherit from his/her parent in Louisiana, even though the parent's parental rights were terminated. I've never heard of a crematorium requiring that a child surrendered for adoption sign the paperwork, however.

1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: My neighbor stole my dog. His wife confirmed it before she talked to him. What can I do?

Other witness saw my dog in his yard. he said he went door to door and asked who dog. But when I went to the same home no one saw him.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jul 11, 2022

Contact your local law enforcement and tell them your neighbor stole your dog.

3 Answers | Asked in Family Law for Louisiana on
Q: If my divorce was final almost 3 years ago. How is my ex allowed to file for partition of community property
Douglas Lee Bryan
Douglas Lee Bryan
answered on Apr 6, 2022

Either party can file to partition the community any time after a Petition for Divorce is filed. You will both remain co-owners of the community property until that time.

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2 Answers | Asked in Adoption and Child Support for Louisiana on
Q: If biological father owes arrears and my husband adopts my child does biological father still owe the arrears?
Douglas Lee Bryan
Douglas Lee Bryan
answered on Apr 6, 2022

Yes, he will still owe the arrears unless you agree to waive them.

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1 Answer | Asked in Child Support for Louisiana on
Q: How do I find payments made 2016 that I never received?

My ex told me a couple payments were made thru DCFS (2016-2017), but I never received them. How do I find out if he did and where did they go?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Apr 4, 2022

You can go to your account online at https://sspweb.ie.dcfs.la.gov/selfservice/selfserviceJSPController and check. You can create an account if you haven't created one already.

2 Answers | Asked in Criminal Law and Car Accidents for Louisiana on
Q: In April of 2021, I was walking and my husband struck me with his truck (along with a woman he was having affair with

I reported it to the police. My leg was damaged as my head. Upon reporting to police, they asked me not to file charges against them. Only file a complaint. I’m scared all the time. I feel I have no protection in my hometown. There were witness. And they left the scene of the accident

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 24, 2022

You can pursue a personal injury claim for your injuries as well as still pursue both criminal charges and obtain a domestic violence restraining order against your husband. You should speak with an attorney to help you as soon as possible, both to preserve your rights and to get the protection... Read more »

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1 Answer | Asked in Personal Injury, Contracts and Landlord - Tenant for Louisiana on
Q: Last summer, I went 3.5 months with no AC. Am I entitled to any compensation from the complex?

I constantly called and texted about having no AC. The summer before it was out for almost the whole summer. The workmanship is subpart at best because now I don't have an operating thermostat. I have to turn the AC/heater on through the breaker box. It seems like a fire hazard. Due to the... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 18, 2022

The terms of your lease would apply. Many leases state exactly how you have to notify the landlord of the problems you're having - for instance, it may have to be in writing. You should speak with an attorney that handles landlord/tenant matters to review your lease and counsel you on the... Read more »

2 Answers | Asked in Adoption for Louisiana on
Q: My son is 22 and wants his step father to adopt hime what is the process and price
Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 16, 2022

This would be considered an adult adoption, and the process isn't nearly as complicated or lengthy as other adoptions, and generally the attorney fees for handling these are generally more affordable but vary from attorney to attorney. I would recommend that you contact an attorney, such as... Read more »

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1 Answer | Asked in Family Law and Landlord - Tenant for Louisiana on
Q: Can guardian kick out 18+ in Louisiana?

My mother was legal guardian of my stepdads grandson. He is now over 18 but still lives with my mom. There is no tenant-landlord relationship as he's a bum. He's crossed the line one too many times and I'm just finding out about this. The local sheriff's are saying my mom... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 14, 2022

If he has been living there with her permission, she would have to evict him. If she lives in city court jurisdiction, she would have to file to have him evicted in city court. Otherwise, she needs to contact her Justice of the Peace to file with him. If she has any questions about how to... Read more »

1 Answer | Asked in Estate Planning, Antitrust and Internet Law for Louisiana on
Q: My parents will has nothing in it about my mothers jewelry. However my father split his guns with my 2 brothers yrs ago.

I'm the only girl and the baby. It was always known that I was to inherit mother's jewelry collection. My oldest brother is the exacutor of my trust and was the beneficiary of my parents estate for past 7 years. Mother died n November and dad in 2018. We are at the end of the succession... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 11, 2022

You need to contact an attorney who handles successions and estate matters as soon as possible to file the proper pleadings to review the pleadings filed, protect your interest and to object to the inventory your brother has likely filed, if it does not have your mother's jewelry listed.

1 Answer | Asked in Car Accidents for Louisiana on
Q: if settlement checks are written separately with one being to client and the other specifically to the medical company

In regards to settling of an auto accident claim when you are presented with the checks 1 is written to me and another to the medical company alone to satisfy the lien for the amount I owe them would my represented attorney also add that portion to the check written to me when determining his... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 12, 2022

It would depend on the wording of the contract between the client and lawyer. Most contracts state that the fee is a percentage of "all amounts recovered." Therefore, the fee would be a percentage of the total settlement, including the lien, in most cases. Many times, the attorney will... Read more »

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