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Questions Answered by Mr. James Zitzmann
1 Answer | Asked in Family Law for Louisiana on
Q: Can my dad stop me if I move out? Do I have to let him know I’m moving out? Does he have to know where I’m going to be?

I am 18 and my dad is very controling and minpulative I want to move out I have a job and a place to go

Mr. James Zitzmann
Mr. James Zitzmann
answered on Oct 19, 2022

No, you're fine.

1 Answer | Asked in Divorce for Louisiana on
Q: I have a permanent restraining protective order against my husband and we have been separated for almost 2 years.

I do not know where he is living and can’t get anyone to tell me. How do I get a divorce? I live in Louisiana

Mr. James Zitzmann
Mr. James Zitzmann
answered on Aug 24, 2022

You can ask in your divorce petition to have a curator appointed to search for him since he is an absent defendant.

2 Answers | Asked in Family Law for Louisiana on
Q: If my boyfriend died and I wanted to put a video of me and him in my YouTube video can I get sued by his family
Mr. James Zitzmann
Mr. James Zitzmann
answered on Apr 11, 2022

If you made the video, from a copyright perspective, you are able to. However there could be other issues depending on the content of the video.

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1 Answer | Asked in Divorce for Louisiana on
Q: What is the fee for an uncontested divorce in Missouri?
Mr. James Zitzmann
Mr. James Zitzmann
answered on Nov 19, 2021

You're in the wrong section. This section is for Louisiana clients.

1 Answer | Asked in Divorce for Louisiana on
Q: I live in Louisiana and I’m trying to obtain a affidavit of facts form for divorce with minor children

The form has to have two witnesses and a notary signature

Mr. James Zitzmann
Mr. James Zitzmann
answered on Jul 24, 2021

https://www.15thjdc.org/uploads/Affidavitfor103Divorcenochildren.pdf

2 Answers | Asked in Child Support and Family Law for Louisiana on
Q: If a child support order is in place and father retires and gets a second job, are both incomes considered?
Mr. James Zitzmann
Mr. James Zitzmann
answered on Apr 16, 2021

Yes, but you have to file a motion to modify child support. If the level of support is changed, this is only retroactive to the date of filing, so file soon.

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3 Answers | Asked in Child Custody, Child Support and Divorce for Louisiana on
Q: I need to know the divorce process in Louisiana.

My spouse was caught cheating, though we gave it another shot. He is showing signs of cheating again, and will not allow me access to his phone any further. Would the court be able to pull his phone record so I can have a fault divorce. I believe it will speed up the process.

Mr. James Zitzmann
Mr. James Zitzmann
answered on Jan 14, 2021

Having a adultery, fault based divorce actually will slow down the process significantly. And it is much more difficult than a no fault divorce. You should probably pursue a no fault divorce; you can receive all of the relief you need through the regular process as well.

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3 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can a married couple file a joint Last Will and Testament, with the surviving party being the heir?

This would be both agreeing to disposal of the remainder of the estate after the last survivor passes.

Mr. James Zitzmann
Mr. James Zitzmann
answered on Jan 14, 2021

No, you would need to just do two separate wills.

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2 Answers | Asked in Real Estate Law, Tax Law and Probate for Louisiana on
Q: My step dad left me everything in his will. He has mortgage still but no other debt. What happens next?

My step dad has no kids and never married. He raised me since I was four and I’m now 33. He left everything in a will to me. He still owes on his home and has two harleys and a truck that are paid for. He has never filed taxes in his life and has always received a 1099 from his boss of 30+ years.... View More

Mr. James Zitzmann
Mr. James Zitzmann
answered on Dec 14, 2020

Yes, you have to file a succession to get title to the house and vehicles. It also might have to be administered depending on the debts. Just in general, the process can take anywhere from several weeks to several months for most cases.

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2 Answers | Asked in Family Law and Child Support for Louisiana on
Q: I've just learned through DNA test that I have a 13 yr old child. What is my liability for past child support?

DNA test was requested by the State of Louisiana in July 2020.

Mr. James Zitzmann
Mr. James Zitzmann
answered on Oct 16, 2020

You're responsible for support from the date of judicial demand, so whenever the mother first filed for child support.

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1 Answer | Asked in Employment Law and Probate for Louisiana on
Q: my mother passed away in 2017 she had a lawsuit against BP due to the oilspill how do i find it

how do i obtain her lawsuit

Mr. James Zitzmann
Mr. James Zitzmann
answered on Oct 11, 2020

You should have the executor of her estate contact the law firm that was handling the case for her.

1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: Father made a will 30yrs ago after mother passed. He ask myself middle child to be in charge of his will.i told him to p

ut my sister the oldest in charge. At the time he was spatting with my sister and brother.That was 30 yrs.ago soon after he recobsiled with them.So he put his sister. The will was in my father's safe when he passed,ut for the last year he has been telling me he needed to go to lawyer change... View More

Mr. James Zitzmann
Mr. James Zitzmann
answered on Sep 17, 2020

If the will is valid and it says everything goes to your sister, that's what happens. He could have included equal distributions to each children but he didn't.

2 Answers | Asked in Family Law and Juvenile Law for Louisiana on
Q: Can a minor age 14 get emancipated from one parent in Louisiana?

A minor who is 14 yrs old, can they get emancipated from one parent when they have the other parents consent? This is in Louisiana.

Mr. James Zitzmann
Mr. James Zitzmann
answered on Aug 20, 2020

No, 16 is typically the minimum age now.

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2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can my siblings have me evicted ?

The will states that we sell the trailer and lot and split it 5 ways. They all signed the succession but the lawyer quit before I signed it. So it’s still not in our names and I’ve lived here for 2 yrs and just want to stay til we sell it.

Mr. James Zitzmann
Mr. James Zitzmann
answered on Nov 11, 2019

Yes, but they can't use the standard statutory eviction process to do it.

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3 Answers | Asked in Divorce for Louisiana on
Q: How do I get my wife to sign the divorce papers. We not been together for twenty years and she refuses to sign
Mr. James Zitzmann
Mr. James Zitzmann
answered on Oct 30, 2019

There's no way to make her sign a waiver. Just have her served normally.

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1 Answer | Asked in Probate for Louisiana on
Q: If the judge revoked my probation and gave me credit for time served , should I still serve jail time?

I got picked up for an outstanding warrant for some probation when i was16, im now 21 & whenever I went to court the judge revoked probation and gave me credit for time served plus he dropped the charges. But my probation officer came and told him that I had never done anything i was supposed... View More

Mr. James Zitzmann
Mr. James Zitzmann
answered on Oct 10, 2019

You have this question listed under probate law. You need to list it under criminal law so the right people will see it.

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: cc 1521,et seq

My mother made a WILL in 1992, She passed in may 2019 after a long battle with Alzheimer's , we found out her husband changed her Will in 2016, Leaving most of her estate to her husband and his sister if he passed, leaving her daughter only her car. My mother would never leave her husbands... View More

Mr. James Zitzmann
Mr. James Zitzmann
answered on Sep 25, 2019

Contesting the will is a different question, but CC 1521 simply means that someone named in the will has to be alive for at least 6 months after your mother's death to be eligible to receive the legacy left to them.

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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
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
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
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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