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Questions Answered by Mr. James Zitzmann
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
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
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
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
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
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
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
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
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
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
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... 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
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.... Read more »

Mr. James Zitzmann
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
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 »

1 Answer | Asked in Adoption, Family Law and Child Custody for Louisiana on
Q: My step-daughter is 15. Can she be emancipated so that i could adopt her?

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 »

Mr. James Zitzmann
Mr. James Zitzmann answered on Dec 17, 2017

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 »

1 Answer | Asked in Child Custody, Child Support and Divorce for Louisiana on
Q: If you are gay/lesbian can that be used to take custody away from a parent
Mr. James Zitzmann
Mr. James Zitzmann answered on Dec 17, 2017

Although there are some older Louisiana cases that contain negative treatment of homosexuality in the context of child custody, that is generally no longer considered in and of itself.

1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: Will I have to file suit to move forward with possession of the property if the niece does not want to do a succession?

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 »

Mr. James Zitzmann
Mr. James Zitzmann answered on Dec 6, 2017

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 »

2 Answers | Asked in Bankruptcy, Family Law and Child Support for Louisiana on
Q: My child's father is filing for bankruptcy and he owes me back pay can he bankrupt on his child support?

I got a letter in the mail about his bankruptcy and I don't understand why I got it?

Mr. James Zitzmann
Mr. James Zitzmann answered on Nov 28, 2017

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.

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1 Answer | Asked in Divorce for Louisiana on
Q: My wife left a week ago and now claims I will be evicted tomorrow from our home, is this legal?

house is on family land and they claim they can evict me tomorrow is this possible? I have paid all bills but house payment she pays that

Mr. James Zitzmann
Mr. James Zitzmann answered on Nov 23, 2017

The issue of use of the community home is handled during the divorce proceeding. It isn't possible to use the normal eviction statutes.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Can a lawyer represent me in a family case for custody of my child from Louisiana even though the case is in TX
Mr. James Zitzmann
Mr. James Zitzmann answered on Oct 27, 2017

If the case has been filed in Texas, you will have to get an attorney there.

2 Answers | Asked in Divorce for Louisiana on
Q: Can a 102 divorce judgement/decree be issued prior to settling community property & custody in Lafayette Parish?

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 »

Mr. James Zitzmann
Mr. James Zitzmann answered on Oct 27, 2017

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.

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