Questions Answered by Mr. James Zitzmann

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

3 Answers | Asked in Divorce, Family Law and Child Custody for Louisiana on
Answered on Dec 31, 2018
Mr. James Zitzmann's answer
There is no law, but it might be in a consent judgment or other judgment regarding child custody.

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

3 Answers | Asked in Divorce for Louisiana on
Answered on Mar 25, 2018
Mr. James Zitzmann's answer
You would have to file a joint motion to dismiss the petition for divorce.

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

3 Answers | Asked in Family Law and Child Custody for Louisiana on
Answered on Mar 8, 2018
Mr. James Zitzmann's answer
Based on those facts, no she won't get custody. However, you should file for sole custody yourself so rights are established properly.

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

1 Answer | Asked in Divorce for Louisiana on
Answered on Feb 14, 2018
Mr. James Zitzmann's answer
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.

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

1 Answer | Asked in Adoption, Child Support and Family Law for Louisiana on
Answered on Feb 14, 2018
Mr. James Zitzmann's answer
Yes, prospective support will be stopped but you will still owe the back child support.

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

2 Answers | Asked in Probate for Louisiana on
Answered on Feb 1, 2018
Mr. James Zitzmann's answer
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.

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

1 Answer | Asked in Divorce for Louisiana on
Answered on Feb 1, 2018
Mr. James Zitzmann's answer
Yes, it will prolong it because you need to be served in some way.

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

1 Answer | Asked in Divorce and Child Custody for Louisiana on
Answered on Jan 31, 2018
Mr. James Zitzmann's answer
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.

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?

1 Answer | Asked in Divorce for Louisiana on
Answered on Jan 30, 2018
Mr. James Zitzmann's answer
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.

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

1 Answer | Asked in Family Law, Civil Rights, Communications Law and Juvenile Law for Louisiana on
Answered on Jan 29, 2018
Mr. James Zitzmann's answer
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.

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

1 Answer | Asked in Child Support and Family Law for Louisiana on
Answered on Jan 29, 2018
Mr. James Zitzmann's answer
You'll have to get a motion filed in nonsupport court, but yes, you can cause him to pay.

Q: Property division

2 Answers | Asked in Divorce for Louisiana on
Answered on Jan 29, 2018

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

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Louisiana on
Answered on Jan 26, 2018
Mr. James Zitzmann's answer
If service of the petition was made, then yes.

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

1 Answer | Asked in Family Law and Child Support for Louisiana on
Answered on Jan 21, 2018
Mr. James Zitzmann's answer
No, nonsupport court does not have jurisdiction to decide child custody. You'll have to file your own pleadings.

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

2 Answers | Asked in Probate for Louisiana on
Answered on Jan 10, 2018
Mr. James Zitzmann's answer
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.

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

1 Answer | Asked in Divorce for Louisiana on
Answered on Dec 26, 2017
Mr. James Zitzmann's answer
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.

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

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Answered on Dec 23, 2017
Mr. James Zitzmann's answer
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, pending a hearing.

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

1 Answer | Asked in Family Law for Louisiana on
Answered on Dec 23, 2017
Mr. James Zitzmann's answer
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.

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

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Answered on Dec 20, 2017
Mr. James Zitzmann's answer
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.

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

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Louisiana on
Answered on Dec 18, 2017
Mr. James Zitzmann's answer
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 mainly occurs with the death or incarceration of one of the parents, but there are also a few other very narrow exceptions.

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