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Louisiana Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My soon to be ex-husband and I signed a paper and get it notarized that he will pay off a loan and he quit paying on it.

What can I do about it?

T. Augustus Claus
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answered on Nov 10, 2023

If you decide to file a lawsuit, you will need to prove that the agreement is valid and that your ex-husband has breached the agreement. You can do this by providing the court with a copy of the agreement and any other relevant evidence, such as emails or text messages that show that he agreed to... View More

1 Answer | Asked in Criminal Law and Family Law for Louisiana on
Q: Can I live with my mom and 4 year old son if I have a indecent behavior charge in louisiana
James L. Arrasmith
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answered on Nov 9, 2023

If you are facing a charge of indecent behavior in Louisiana, your ability to reside with minors, including your own children, could be impacted depending on the conditions of your bail, the terms of any protective orders, or the restrictions imposed by child protective services or the court.... View More

1 Answer | Asked in Family Law for Louisiana on
Q: Can a spouse donate the 50% of her community property to other relatives without the signature of the other spouse?

My mother, two years before deceasing, made an act of donation of a rental property belonging to her and my father to my niece without my father signature as required by Art 2353. My father deceased in 2019, today this property is in his name and my niece's name. Is this act of donation valid?

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

If your spouse was the actual owner in the public record, then she can donate her portion. You should review the trasnfer document to make sure it was property prepared and executed. Also, it should be noted that donation, if proper, would be donated subject to any and all encumbrances which... View More

1 Answer | Asked in Collections and Family Law for Louisiana on
Q: me and my are married my wife purchased a vehicle just in her name if its repoed who is responible?
T. Augustus Claus
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answered on Aug 17, 2023

In Louisiana, if your wife purchased a vehicle solely in her name and it's repossessed, she would generally be responsible for the associated debt. Louisiana's community property laws might have implications if community funds were used to make payments. If you cosigned or have joint... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Divorce article 103 - Adultery - Louisiana

My wife committed adultery and birthed a child to another man. She never denied the adultery and a DNA test was done and the other man came back as 99.999999% certainty as father. The necessary paperwork regarding the paternity was done and sent to the State. Me and my wife do have a minor child... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 8, 2023

You can---but my suggestion is that you speak to a family law attorney in your area and discuss the pro and cons of filing a 103 divorce via adultery and the potential impacts this will have on incidental matters----there may not be any impacts but at least have a consult about this because you... View More

1 Answer | Asked in Family Law for Louisiana on
Q: What is the law about termination of parental rights?

Father hasn’t seen baby in over a month (so far), contributed $0 during pregnancy and after birth, and he’s not on the birth certificate. I don’t want child support or anything from him. What are the options for terminating parental rights? Or what criteria have to be met in order to do that?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 2, 2023

An involuntary termination of rights usually require a set of criteria to exist. Because the consequences of termination of rights is so severe, I advise anyone seeking/considering this to set up an appointment/consult with a family/parental lawyer to discuss the specfic situation in order to... 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
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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...
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1 Answer | Asked in Family Law, Identity Theft, Social Security and Public Benefits for Louisiana on
Q: if someone has a power of attorney over someone else can it be revoked especially if it is without that persons consent

A woman has a mother who may have a power of attorney for her because the mother has taken all of the woman’s property and social security checks and has left the daughter to fend for herself in poverty. First I need to find out if the mother has a power of attorney for her daughter and if she... View More

James L. Arrasmith
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answered on Jul 11, 2023

A power of attorney can be revoked at any time by the principal, even if it was granted without their consent. The principal can revoke the power of attorney by signing a written revocation and delivering it to the agent. If the principal is unable to sign the revocation, they can appoint someone... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My wife and I were divorced 15 years ago, but we never did the property division. She now wants to do that.

When she left, we had a mortgage with very little equity built up in the house. The house is titled in both of our names. Since the divorce I have paid the house off. I have also paid for the insurance, repairs, maintenance, and taxes. I have meticulous records of all I have paid on the house since... View More

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

You need legal counsel to make sure your rights are protected and as such I recommend that you contact some community property lawyers in your area, set up consults and then sit down with them and specifically discuss your situation-----while the basic rule is 1/2 and 1/2, there are also... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: If I sign an intervenor agreement for spouse to purchase a new home, and I still entitled to half of equity?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 12, 2023

It will depend on what you are signing so we would have to see and review the proposed document in order to provide you with specific advice. That said, usually when you sign an intervenor agreement as you describe, it means you are acknowledding that the home is being purchased by your spouse... 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 Divorce and Family Law for Louisiana on
Q: How do you get a divorce with property involved
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 16, 2023

Divorce and property (marital/community) are two different things. You can get divorce without resolving your property issues at the same time. Since oyu have property, I would recommend that you contact a family/divorce attorney and have a consult---or contact a few attorneys and have a few... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Is there a lawyer that will type up the documents for a divorce if we agree on everything so I can submit them?
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 5, 2023

I am unclear as to exactly what you are seeking however because there are potential incidental matters to a divorce, which could include, child custody, child support, spousal support (permanent and temporary), & community property to name a few, I would highly recommend that you contact a... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Do i need to attend personally to a court hearing or can my lawyer represent me

if i move overseas

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

If you have a lawyer, then please ask this to your lawyer----your lawyer is in the best position to know and answer your question. There are different ways of obtaining a divorce depending on each person's situation and some of them would require you to be present in court; others do not.... 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 Family Law and Child Support for Louisiana on
Q: Is my my ex wife responsible for tutor expenses for homeschool?

I recently went to mediation with my ex wife. From the mediation, she is now responsible for “100% of homeschool expenses” ( how it is written in our mediation agreement) To add to the background information, I have 50% custody of my four kids and I we now share a 7 day custody agreement. I... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 13, 2023

If you had an attorney representing you, then please ask your attorney. If you did not have an attorney representing you, then I would suggest reading the agreement/order and see if tutoring is specifically mentioned. If it is mot, then unless both parties intended "tutor expense" to be... View More

1 Answer | Asked in Family Law, Foreclosure and Real Estate Law for Louisiana on
Q: If 3 people inherit to the home and taxes weren't paid can one person pay the taxes and get the house?

It already went to a tax sale but we have 3 years to claim the home and pay the taxes and penalties.

James L. Arrasmith
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answered on Feb 25, 2023

It depends on the specific laws and regulations in your jurisdiction. In some cases, if one person pays the taxes and penalties owed, they may be able to claim ownership of the property. However, in other cases, all owners may need to agree to any changes in ownership or to the payment of taxes and... View More

1 Answer | Asked in Family Law for Louisiana on
Q: Can I move with my two children to another state without their father knowing where we move? We’re not married.

The children do have their dads last name on birth certificate.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2023

What is the father's involvement with the children and have there been any legal proceedings involving the children in which rulings/judgments/orders have occurred as to custody, child support, visitation and/or otherwise involving the children. Also, is doing this in the best interests of... 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

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