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Louisiana Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Louisiana on
Q: My ex husband & I have joint custody. I moved 2 states away but did not notify him of said move until 3 months after.

He legally objected to the move. I’m having trouble finding an attorney to take my case because I broke the law. Is this to be expected? Our current custody agreement states that if one parent takes the children out of state more than 48 hours, the other parent has the first right of refusal.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 19, 2022

You need to hire a custody lawyer immediately.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can I get the judge to void his ex parte order based on info I have jurisdiction was relinquished

I have court at 9 am for rule to show cause. My ex filed for emergency ex parte order and was granted it. The judge who granted it relinquished jurisdiction of any further proceeding to another parish it is stated in judgment we was given in December so how can he grant her the exparte order she... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2022

You need a custody lawyer to file an Exception.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What can I do the judge who relinquished jurisdiction to another parish signed approved an ex parte order filed by ex

In December the judge stated on the court judgment he ordered that since my ex and I no longer live in that parish that he relinquished jurisdiction to the parish of which we both now live. Yet my ex filed for an ex parte custody order and he signed it. When I called the court house and spoke to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 16, 2022

Sounds like something was lost in translation at the courthouse. Your lawyer needs to file an Exception.

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Is it hard and expensive to change a baby’s full name after 9 months?

We are working on getting guardianship/ full custody of my nephew and would like to change his name but not sure how long it takes or how much it is.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 16, 2022

You can't change his name unless you adopt and terminate the parents' rights.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Louisiana on
Q: How can cps take your child out of your custody if you signed your rights over to a friend months ago?

I signed over custody of my baby girl to my friend for a year. Somehow she ended up with a broken leg at 3 months old. who I thought was a friend lied about taking my baby to the hospitol I have all text to prove it so how did they areest me for cruelty to a juvenile and now I have cps taking me... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 11, 2022

Hire an juvenile Court attorney to use your one year Custody by Mandate as your defense.

2 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Louisiana on
Q: How do I go by obtaining legal guardianship of my 8 month old nephew who has been living with me since he was 2 weeks?

My nephews mom wanted an abortion but was unable to get one because she had just gotten one so she asked my husband and I to take the baby. We did and now we would like to get guardianship of the baby because mom is now refusing to babysit the child or help. She receives benefits and childcare for... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on May 10, 2022

You need to contact a lawyer in your area to discuss your options and get the ball rolling. You should not do this yourself. In speaking to the attorney(s) you consult, you ask what are your options as well as what is your understanding as to the position each parent takes as to custody and/or... Read more »

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1 Answer | Asked in Child Custody for Louisiana on
Q: Am I allowed to ask for transcripts from custody hearings that for unknown reasons have not been allowed in?

Not being allowed in these hearings has caused miscommunication.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 6, 2022

Sounds like this was a Juvenile Court proceeding. To get the transcript, your attorney will have to file an Intervention on your behalf.

2 Answers | Asked in Child Custody and Child Support for Louisiana on
Q: I voluntarily filed to place myself on child support will the court determine my payments based off prior payments?

About 2 1/2 years ago - I started making bi-weekly payments to the custodial parent which was agreed on at a reasonable amount. Over the past year the custodial parent has been threatening to stop me from seeing my daughter due to her wanting an increase, which I agreed due to obvious reasons. The... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on May 4, 2022

If you have not retained an attorney to represent you on these issues, then you should do so now---this voluntary action between the parents does not seem even and if you are not satisfied, then you need to ask the Judge to assist you on this. In regards to child support, it is usually calculated... Read more »

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1 Answer | Asked in Adoption, Child Custody and Family Law for Louisiana on
Q: My little brother is currently in my elderly, disabled Grandmas custody. She wants me to take him. Will it be difficult?

My birth mother passed away last year leaving behind my little brother. He was left in the care of our grandmother who is old and sick. She called me up and asked if my husband and I would be willing to take him. I’m happy to take him but there is a problem that might affect the court allowing... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on May 3, 2022

Will it be difficult? It may not be, however more information is needed on this, including the involvement of your little brother's father who usually would have a say in custody decisions. That said, I highly recommend that you (and your grandmother) seek a consultation with a... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Mygirl has had her nonbiological son since 3months old he's over 3yrs now the biological mom came with cops and took
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 2, 2022

She needs to hire a custody or adoption lawyer AS SOON AS POSSIBLE

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: How do I go about filing contempt of court against my ex wife?
Jacob Rennick
Jacob Rennick answered on Apr 29, 2022

You should speak with an experienced Family Law attorney. You have to file a rule for contempt—this is typically done in the jurisdiction in which your original pleadings were filed. It’s pertinent to note that in order to prove contempt, there must be a willful violation of an existing court... Read more »

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1 Answer | Asked in Tax Law, Child Custody and Child Support for Louisiana on
Q: Can my current husband claim my daughter on our taxes?

I have two children, I am domicile, My ex-husband claims one child, and I claimes the other. That’s how it has been for three years. This year I am without work, as my current husband works so that I may stay home with the children. My ex-husband is threatening court as he believes that he is... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 28, 2022

Yes your second husband can claim the dependency on your joint tax return.

1 Answer | Asked in Child Custody for Louisiana on
Q: My son is 16 years old he wants to move out of his parents house to live with his aunt. Can he move out.

Can he move out without our permission

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 28, 2022

No he is a child. He is not an adult until age 18.

1 Answer | Asked in Child Custody for Louisiana on
Q: How do i find our who has custody of my granddaughter?

DCFS was called in when the child was born Because the mother used drugs during her pregnancy and the child was born premature. The father is saying he has a 100% custody but I don't think that's true.The parents were never married.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 28, 2022

Consult an attorney to file for visitation for you

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Louisiana on
Q: Would I have any luck getting full custody on grounds that mother is failing to protect a child from mental abuse?

Childs mother and boyfriend have a very physical and rocky relationship and are constantly fighting and breaking up only to get right back together. Recently I had to get a restraining order against the boyfriend for my child (she is 7) and myself basically because mother called me middle of night... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 28, 2022

Keep a calendar of calls and incidents

Take your child to a counselor to disclose her version and fear. Hire private eye to do a background check on the boyfriend. Hire a lawyer to file for emergency custody.

1 Answer | Asked in Child Custody for Louisiana on
Q: We were arrested, someone needs to take domicile temporarily = the grandmother. Now she wont give it back! What to do?

Let’s say i we temporarily give it to my mom. Now after 3 months all charges were dropped. Also I live with them and her untill 2 weeks ago. So the problem is my mother is trying to use the temporary domiciled custody against me to get her name off and my kids back. What do I have to do. My kids... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 27, 2022

You need to hire a custody lawyer to review that temporary custody.

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: The mother of my son wants to change My sons last name. She said she has to notify us by mail or newspaper
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 18, 2022

Send her a letter by certified mail if you oppose it and call a lawyer. She is trying to terminate your parental rights.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Would the parents receive any type of paperwork or documentation stating that they have a lost custody of their child

After dcfs has removed the child with a courtdate? We have went to court and they said they were removing my son from my custody that he would go to my family's custody.but I never once received any paperwork neither did my family.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 14, 2022

Hire a juvenile court lawyer.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: I have a child that was born out of wedlock and I was wanting them to get a divorce for the sake of the child?

My daughter's father and I have a 1 month old. When he met me and started dating me, he was married currently, but I was single. I found out I was pregnant after my 21st f. He stayed by my side until I was eight months pregnant when he left. His wife has been telling him that this is not his... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 27, 2022

All the Diatrixt Attorney's Office and ask for Support Enforcement to get them.to file for a DNA test.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: I am relocating to Tx with my 3 kids. If we are there for less than 60 days til court w their dad, will that look bad?

My attorney (that I no longer have because she’s moving) mailed my soon to be ex husband…a relocation request, that he got on March 12th. But he’s told my kids he won’t let them move to Tx. He just got out of jail for domestic aggravated abuse, & has been in & out of rehab for the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 20, 2022

You have a court date coming up but you don't say whether it is because you filed a Motion to Relocate or whether he filed a Restraining Order to keep you in Louisiana

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