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Questions Answered by Mr. James Zitzmann

3 Answers | Asked in Divorce, Family Law and Child Custody for Louisiana on

Q: Is there a law in Louisiana that someone has to date 6 months and meet the child’s father before he can meet my children

Mr. James Zitzmann answered on Dec 31, 2018

There is no law, but it might be in a consent judgment or other judgment regarding child custody.

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3 Answers | Asked in Divorce for Louisiana on

Q: How can I withdraw my divorce petition in the State of Louisiana? My wife and I reconciled

My lawyer is avoiding me. How do I proceed

Mr. James Zitzmann answered on Mar 25, 2018

You would have to file a joint motion to dismiss the petition for divorce.

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3 Answers | Asked in Family Law and Child Custody for Louisiana on

Q: Daughter with me 4 months name on birth certificate mother homeless but wants custody will i loose my daughter

She gave her to me i take care of her heath insurance and day care her mother is still in homeless shelter but wants custody she has other daughter that she want let me see but left older one with me both have my last name

Mr. James Zitzmann answered on Mar 8, 2018

Based on those facts, no she won't get custody. However, you should file for sole custody yourself so rights are established properly.

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1 Answer | Asked in Divorce for Louisiana on

Q: Is there any other way to pay spousal support in louisiana other than cash or check?

I am a disabled vet on a fixed income, my ex wife makes above median income, and should have never gotten awarded spousal support. I have arears because i cant pay. Can I bring in items like a motorcycle or product i produce like honey as payment in louisiana.

Mr. James Zitzmann answered on Feb 14, 2018

If you have an agreement with your former spouse, yes you can. The exception to this is if your spousal support case has been adjudicated in non-support court, then you cannot.

1 Answer | Asked in Adoption, Child Support and Family Law for Louisiana on

Q: In Louisiana my daughter will be adopted by the stepfather, will child support ,back child support be ceased?

Mr. James Zitzmann answered on Feb 14, 2018

Yes, prospective support will be stopped but you will still owe the back child support.

2 Answers | Asked in Probate for Louisiana on

Q: My dad passed away without will.He promised me a piece of property I've been living on it for 10 years now.

My mom keeps promising after 10 years to put it in my name but never does. We would like to build a house on the property what can I do legally?

Mr. James Zitzmann answered on Feb 1, 2018

If he passed away without a will, that means the default laws of how property is inherited will be used. In this case that appears to mean that you, and any siblings you have, will get naked ownership of the property and your mom will get a usufruct, meaning she will get the use of the property.

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1 Answer | Asked in Divorce for Louisiana on

Q: Do I have to go get divorce paperwork if they can't serve me in another parish?

I live in one parish, work in another. Sheriff's Dept only serves during regular business hours no weekends. I am not home during the day, they want me to come pick up the paperwork. Does this prolong the divorce if I don't go get the paperwork?

Mr. James Zitzmann answered on Feb 1, 2018

Yes, it will prolong it because you need to be served in some way.

1 Answer | Asked in Divorce and Child Custody for Louisiana on

Q: my Wife left because she wasn’t happy said all she wanted was her care and her cloths.

I didn’t want her to leave. I asked to try and work this out but said I had chances to do so. But the night she left she asked if she could have our kid for the night and I said yes. Just curious on my options. She said other than her car and cloths that she wants nothing and I will be getting... Read more »

Mr. James Zitzmann answered on Jan 31, 2018

That is unlikely to actually happen if all of the stuff you mentioned is community property. However, it would be possible to craft a consent judgment on the partition the way you want to do it. You do need to make sure they issue is properly before the court to avoid lesion.

1 Answer | Asked in Divorce for Louisiana on

Q: I need attorney to help me to divorce my husband. We don't have anything to split. He left 3yrs ago. I need a price?

He lives in Houston Texas

Mr. James Zitzmann answered on Jan 30, 2018

Thank you for posting your question. I can complete an uncontested divorce for 400 plus costs, which should be around 300. Please give me a call at 504-434-0462.

1 Answer | Asked in Family Law, Civil Rights, Communications Law and Juvenile Law for Louisiana on

Q: What are the laws on moving out at 17?

I am 16, soon to be 17. My dad is an alcoholic and is only in town every 2 weeks. My mom is dating an abusive guy that sells drugs. I want to leave, but I don't know if I can.

Mr. James Zitzmann answered on Jan 29, 2018

Well, someone has custody of you until you are 18. This means there is a possibility you could be returned. To get around this you'd need to petition a court for emancipation.

1 Answer | Asked in Child Support and Family Law for Louisiana on

Q: If the father lives in New York while I live in Louisiana, does he have to pay child support?

He has known I was pregnant since I found out. At first he wanted to be apart of the baby’s life. Now that he has a new girlfriend he wants nothing to do with the child or me! He tried saying he was going to take me to court for entrapment. But we both agreed on making a baby! I told him I was... Read more »

Mr. James Zitzmann answered on Jan 29, 2018

You'll have to get a motion filed in nonsupport court, but yes, you can cause him to pay.

2 Answers | Asked in Divorce for Louisiana on

Q: Property division

When my husband and I divorced, he kept our home. In the decree he was to pay me 25% of the rent he received and $40000 upon its sale. I did remarry. Does this mean I have forfeited all proceeds from the home?

Mr. James Zitzmann answered on Jan 29, 2018

No, you did not.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Louisiana on

Q: Can the decision from a HOC be made if both parties are not present.

The date was a big question mark.

Mr. James Zitzmann answered on Jan 26, 2018

If service of the petition was made, then yes.

1 Answer | Asked in Family Law and Child Support for Louisiana on

Q: If I'm paying child support, do I have visitation rights under the child support court or do I have to get an attorney

Or do I have to get an attorney and go fight for visitation.

Mr. James Zitzmann answered on Jan 21, 2018

No, nonsupport court does not have jurisdiction to decide child custody. You'll have to file your own pleadings.

2 Answers | Asked in Probate for Louisiana on

Q: My father passed 14 months ago. He had no will. Who's responsible for estate? Me or his common law wife

Lived with her 20 yrs in her house but not legally married

Mr. James Zitzmann answered on Jan 10, 2018

Louisiana does not have common law marriage but will recognize common law marriages from other states. You would need to determine this first. However, you can file a petition to open the succession yourself since you're an heir.

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1 Answer | Asked in Divorce for Louisiana on

Q: In Louisiana, if I divorce my wife can I take all the financial burden away from her?

Mr. James Zitzmann answered on Dec 26, 2017

You can decide on a consent judgment to partition the community property in any way you two want to. However, you want to make sure the motion to partition is properly before the court to avoid the possible issue of lesion.

1 Answer | Asked in Family Law and Child Custody for Louisiana on

Q: I got my son from his mother and he has bruises from his stepfather hitting him. Can I legally refuse to return him

Mr. James Zitzmann answered on Dec 23, 2017

You would have to file a petition for ex parte emergency custody. You'll need to talk to an attorney to get it done. The petition would be filed and walked through to the judge the same day, and if it is approved, you'll have a custody order the same day so you don't have to return the child,... Read more »

1 Answer | Asked in Family Law for Louisiana on

Q: How to get kids from noncustodial parent left state on first visit.I am domicile parent with return order from Louisiana

My Louisiana custody judgment specifically states that she is not to leave state of Louisiana with children and visitation is every other weekend. She left to Miami dade county Florida on first visit. I obtained a return of children order from the judge overseeing custody case in Louisiana.... Read more »

Mr. James Zitzmann answered on Dec 23, 2017

You would likely have to speak to an attorney licensed in Florida to determine that. Here in louisiana there is a procedure for enforcing foreign judgments, and I am sure Florida has a comparable procedure.

1 Answer | Asked in Child Custody and Family Law for Louisiana on

Q: My husband and I divorced. I got domiciliary custody. He doesn't see her or call her .How do i get full custody?He has

He hasn't paid his child support, came to see her, or even called in 5 years. When her grandpa his dad was passing away we went to the house so my daughter could see her grandpa and he was there. He left the house went in the backyard and refused to come in or even say a word to his daughter. So he... Read more »

Mr. James Zitzmann answered on Dec 20, 2017

If he hasn't paid child support or exercised visitation in 5 years, you can move to terminate his parental rights. You'll very likely want an attorney to assist with this, though.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Louisiana on

Q: AS A GRANDPARENT DO I HAVE ANY RIGHTS AFTER RAISING MY GRANDSON FOR 10 YEAR

Mr. James Zitzmann answered on Dec 18, 2017

It depends on the circumstances. Who has legal custody of the child right now? If you have reason to believe either of the parents having custody is a danger, you could always file a petition yourself. Grandparents also may have a limited right to just visitation under certain circumstances; this... Read more »

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