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 »
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.
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 »
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?
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.
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.
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...Read more »
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 »
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.
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.... Read more »
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 »
I have raised her since she was one years old. She has lived with me primarily since 2013. Her bio dad lives in another state and she has no desire to live there. Her mom rarely sees her, was recently diagnosed bipolar and has a drug problem. She has made no attempt to seek treatment for either,... Read more »
Well, the court isn't going to emancipate her, but you can definitely file your own petition for custody. What is the legal custody arrangement currently? From what you've said, it sounds like you'd have a decent case against the mother, but the father might be able to fight it,...Read more »
My friend(whom I did not marry) who died this year'2017 left me and his niece a house in his will and myself as executor. The niece has not come forward to do the succession. The will was signed by him and witnessed by two attorneys in the presence of his niece and I. The will has not been... Read more »
There seem to be a few moving parts here. You'll need to file a petition to open the succession regardless since it involves immovable property because you need to keep the title clear. When you say the niece has not come forward, does that mean you can't find her or she is contesting the...Read more »
No, it can't be discharged in bankruptcy. You got the notice because he had to list you as a creditor. You may be prevented from collecting the support, however, until the order of discharge is signed.
Divorce was filed 09/2016 and I was served 10/20/2016. I am pro se now and her attorney is not willing to communicate with me effectively. We have a custody hearing in December, but I would like to have the divorce finalized. I want to file the required documents to have it sent for Rule, but we do... Read more »
You do not have to wait for the settlement of any other issues. Based on what you have said, you can file the rule to show cause why a divorce should not be granted at any time. Any party can file this rule; you do not have to be the petitioner.
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.