Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Stephen Rue
2 Answers | Asked in Criminal Law for Louisiana on
Q: My brother uses my name anytime he interacts with police should I file a police report?

My younger brother has informed me of what my twin brother has been doing. My twin brother has a misdemeanor warrant and lies to police about who he is. Me and my twin look nothing alike anymore. My twin also has over 15 tattoos, and I have none.

Stephen Rue
Stephen Rue answered on Jul 27, 2020

Yes

View More Answers

2 Answers | Asked in Domestic Violence for Louisiana on
Q: Will there be a bench warrant for me missing my court date on a stay away order that an officer filled out?

On my Summons/ Stay Away Order that I recieved states that I (the victim) was ordered to appear in court but misread the date and missed it. Could I be arrested?

Stephen Rue
Stephen Rue answered on Jul 20, 2020

Contact a lawyer to check record

View More Answers

2 Answers | Asked in Child Custody and Family Law for Louisiana on
Q: How do I prevent my children’s father from gaining custody if I pass away?

I have 2 kids. They are 12 and 10. Their father is on the birth certificate and we have a custody agreement. However, he is not part of their life and hasn’t been for the past 8 years, doesn’t pay child support, and lives across the country. They have had zero contact with him during this time.... Read more »

Stephen Rue
Stephen Rue answered on Jul 18, 2020

A non-patent can sue for custody if there is substantial harm

View More Answers

1 Answer | Asked in Divorce for Louisiana on
Q: what to do when real estate property) is out from country and partner does not have money to pay

that real estate was acquire during marriage...

Stephen Rue
Stephen Rue answered on Jul 16, 2020

Real property generally refers to real estate.

2 Answers | Asked in Divorce for Louisiana on
Q: divorce will be uncontested and we have no children together do we have to wait 6 months before filling for divorce?

We have no kids, nothing jointly in our names. She has never legally changed her last name. I have moved out and there is no chance for reconciliation.

Stephen Rue
Stephen Rue answered on Jul 16, 2020

Article 102 let’s you file immediately then edit 6 months of living separate and apart after service and you can amend to 103 divorce after living separate and apart forv6 months

View More Answers

2 Answers | Asked in Divorce for Louisiana on
Q: Do both parties (Husband and Wife) have to attend Mediation? LOUISIANA
Stephen Rue
Stephen Rue answered on Jul 13, 2020

It depends on what parish you are in as to whether you have to go see a hearing officer.

View More Answers

2 Answers | Asked in Child Custody for Louisiana on
Q: Domicile parent, 7/7, custody. Can I move 75 miles away and will can that force the court to change visitation to wkds?

I want to move 95 miles away but am being told I more than likely won't get granted that, so even if I do not get granted that I plan to move 75 miles away. My issue is will the court change the custody from 7/7 to every other weekend for the non custodial parent? Nothing has been set in... Read more »

Stephen Rue
Stephen Rue answered on Jul 13, 2020

You must comply with the state’s relocation statute.

View More Answers

2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: Ex isn’t paying car payment that she got in divorce but it’s in my name.

Do I have to hire a lawyer to sue her to make her pay the payment. After a year she letting car go back because it’s in my name but in the divorce she got all rights to the car cause she wanted the car. She has mess my credit score up.

Stephen Rue
Stephen Rue answered on Jul 13, 2020

The community property judgement co trips if you have one.

View More Answers

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: If both parents move away from the Parish in which custody arrangements were first ordered, do they relocate the case?

I currently reside in Jefferson Parish and my ex, in St. Tammany. My child told me his dad is buying a home in Metairie or New Orleans soon, so I wonder, will St. Tammany court lose jurisdiction?

Stephen Rue
Stephen Rue answered on Jul 11, 2020

To a degree it depends on the prior judgment, who is designated the primary domiciliary patent and whether the relocation was agreed to. See a lawyer.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: I feel like my attorney is not trying to represent me very well and I am do for court on Tuesday. Can I hire another .

I am domicile parent of my 11 year old son. My ex-husband is behind on child support and is now remarried. The two of them are all the sudden taking me to court 7/14/2020 to try and gain custody of my son. My son gets extreme anxiety when it gets closure to his dad's week and I have yet to get... Read more »

Stephen Rue
Stephen Rue answered on Jul 11, 2020

You should Candidly talk to your attorney about how you feel. You could always hire another attorney but an attorney ref net needs time to know your case and prepare.

View More Answers

1 Answer | Asked in Legal Malpractice for Louisiana on
Q: Can I legally be investigated with out my knowledgement
Stephen Rue
Stephen Rue answered on Jul 11, 2020

Yes

3 Answers | Asked in Estate Planning and Family Law for Louisiana on
Q: How do I get legal right to care for medically incapacitated relative?

My father, a resident of the Louisiana, had a stroke and is unconscious. I’m am a resident of Oklahoma. We would like someone in the family (me, our parents, or his brother) to have access to his finances to pay bills and maintain his home, etc. We would like to be legally able to make any... Read more »

Stephen Rue
Stephen Rue answered on Jul 8, 2020

You should have a lawyer file for interdiction.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: During exparte do I have rights to see my son every 15 days? Also the 30 day hearing rule, what if it's set for 31?
Stephen Rue
Stephen Rue answered on Jul 7, 2020

Article 3945 allows one to seek an ex parte emergency custody which is temporary subject to a heating within 15 days if the temporary custody request is granted.

Stephen Rue

View More Answers

2 Answers | Asked in Family Law for Louisiana on
Q: This lady left her 15 year old daughter in the house the Mom leaves at 2am daughter said her mom had been drinking

The daughter calls several times mom won't answer mom comes in at 9am..what does law say

Stephen Rue
Stephen Rue answered on Jul 2, 2020

Call child protection let them investigate

View More Answers

2 Answers | Asked in Child Custody for Louisiana on
Q: Is a domiciliary parent required? Also, if awarded domiciliary, can the parent move out of state?
Stephen Rue
Stephen Rue answered on Jul 1, 2020

Primary domicillary patent is not required but preferred not does not eliminate the requirement of complying with the state and federal relaxation laws

Stephen Rue

StephenRue.com

(504)443-2400

View More Answers

1 Answer | Asked in Divorce for Louisiana on
Q: I have filed a preliminary default with the court what is the next step to have my divorce finalized?

what is the next piece of paperwork that need to be filed to the court?

Stephen Rue
Stephen Rue answered on Jun 30, 2020

Make sure you have original service, wait three days and file for Confirmed Default Judgement

2 Answers | Asked in Personal Injury and Civil Litigation for Louisiana on
Q: As a witness would a recorded over the phone deposition be void if never sworn in and only talked to lawyer
Stephen Rue
Stephen Rue answered on Jun 28, 2020

The question s too vague to be answered to your satisfaction. Do you have a lawyer, if so talk to your lawyer. If not call a lawyer with more information.

View More Answers

2 Answers | Asked in Landlord - Tenant for Louisiana on
Q: My grandson lives with me without paying rent. How do I remove him?

He has started stealing from me, emotionally abusing me, and often I fear for my safety. How do I remove him from the house?

Stephen Rue
Stephen Rue answered on Jun 27, 2020

If he is an adult evict him. If you can prove that he has stolen from you call the police

View More Answers

2 Answers | Asked in Domestic Violence for Louisiana on
Q: My husband was arrested for drug charges which were no billed but while in Parish an old domestic battery charge came up

Am i required to show up for court for the charges to go thru? I was never told to and Im trying to run from hm and get away safely

Stephen Rue
Stephen Rue answered on Jun 26, 2020

Call and talk to the DA’s office.

View More Answers

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.