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Questions Answered by Douglas Lee Bryan
1 Answer | Asked in Divorce for Louisiana on
Q: Did not sign waiver for uncontested divorce in LA. How can I submit an answer to what I disagree with?

I did not sign the waiver for the uncontested divorce in Louisiana because our written and signed custody agreement was not included in the petition. If I understand correctly, I will now be served the papers and I want to file an answer but I am not sure if I need to file the answer now or wait... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Oct 1, 2019

After you are served, take the petition to an attorney who will discuss the procedure and what steps should be taken to protect your rights.

2 Answers | Asked in Family Law and Child Support for Louisiana on
Q: if i haven't received child support, a phone call, nothing in almost 4 years, why does the other parent still have r

Rights to my child. I want to change her last name and they are saying I can't because he still has rights for some odd reason

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 24, 2019

The other parent continues to have rights unless and until a court terminates those rights. Generally that will only happen if the state files to terminate his rights or if the child is being adopted, such as by your spouse.

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1 Answer | Asked in Divorce for Louisiana on
Q: I am in the process of filing my divorce in Louisiana. We have no assets or children. I was told I am missing a P&D.

Where can I find this document? Or what is it?

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 22, 2019

I'm assuming what you're talking about is a "PD" or a preliminary default. Once the defendant's delays for filing an answer or other responsive pleadings have passed, you have to file a preliminary default before confirming the default and taking a judgment.

2 Answers | Asked in Probate for Louisiana on
Q: My moms Lawyer that drew her and her husband Will 1992 is not producing the Will to me because of conflict of interest

My mom and her husband had Wills made up in 1992, my mom was diagnosed with Alzheimer's in 2012. Her husband tried to change the Will after a family argument. Now they have both passed within 3 months of each other. Her lawyer won't give me a copy of her WILL because of conflict of interest. The... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 22, 2019

The burden of proving that your mother lacked the mental capacity to know what she was signing would fall on you. You need an attorney who is familiar with this area or law to help you. The sooner you contest the will, the better.

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2 Answers | Asked in Child Custody for Louisiana on
Q: S t. Tammany judge violated La.R.S. 9:364, granting sole custody of my then, 9yr old Granddaughter. My recourse?

I've just learned of this revised statute. He had supervised visits for 2 years as he was in and out of jail first tears of his daughter's life. A positive drug test by Mother who very obviously did great job raising an exceptional child and blatant lies with NO proof, brought on by disgruntled,... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 10, 2019

If you believe your granddaughter is not in a stable environment, you need to discuss the issue with a custody lawyer as soon as possible.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: My x and I have a custody trial set. She lost the divorce she is af. So before the trial she ran 2 counties over and

Filed a restraining order. The original order has already restrained her until trial.

She is denying me custody. We have a 7/7 joint custody. Nearly everything she listed is on the interrogations from the original trial and my facts stuck and hers were tossed and she lost. Now we have... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 10, 2019

You need to discuss these issues with your custody lawyer. Also, this panel is for Louisiana, not MS.

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1 Answer | Asked in Estate Planning for Louisiana on
Q: Power of attorney question in Louisiana

Are there specific wording and or a correct document or format that should be used when preparing and having a power of attorney notarized in the state of Louisiana.

Specifically it needs to be used in possibly getting a mobile home loan with the title which is in my mother’s name as... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 8, 2019

I would recommend having the power of attorney drafted by a professional to ensure that it is in the correct form. It would need to be filed with the clerk of court for a bank to accept it, as they will require a certified copy of the POA.

2 Answers | Asked in Divorce for Louisiana on
Q: is an affidavit of reconciliation required to be reconciled in louisiana
Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 3, 2019

No, an affidavit is not required. Whether the parties have reconciled is a matter for the judge to decide if the parties aren't in agreement.

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1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: hub and I split separation he now threaten to take the oldest dog away by reg her under ESA can he do that to me ?

We was married 11 years living apart 9 months he told yesterday I have a rude awakening because he filed for our oldest dog ESA bc he thought I would hold her against which haven’t and do plan on can he does this to me ??

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 27, 2019

Dogs are property, just like any other property. If the dog was acquired during your marriage, it's considered community property, and you both have equal rights to the dog.

2 Answers | Asked in Adoption, Child Custody and Child Support for Louisiana on
Q: Can my husband adopt my daughter, if her biological father has not paid child support in 6 months consecutively?

My child's father is wishy washy. He is a dad when it's convenient and its hard to get state mandated child support from him. He said he would not sign the papers for my husband to adopt my child, because it would make him look like a dead beat dad. He sees her occasionally. Lives on his parents... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 22, 2019

Yes, the father's consent is not required if he's failed to comply with a court order of support for over 6 months or has failed to communicate with her in that length of time. I'd be happy to discuss the process further and potential costs if you'd like to give me a call.

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2 Answers | Asked in Child Support for Louisiana on
Q: The mother of my child moved my son out of town without my knowledge and we have joint custody..still pay child support

I never knew she moved him out of state until i was able to pick him so I had my mother to call her because we don’t get alone so she stated to my mother that I knew that she moved but that’s a total lie because I never signed any papers with us having joint custody..what should I do?

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 16, 2019

If she removed the child from Louisiana, she would have had to comply with the relocation statute. She should have notified you of the proposed move before it occurred. If she didn't, you have the right to file contesting the move. A family law/custody attorney can help you with this.

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2 Answers | Asked in Family Law for Louisiana on
Q: In Louisiana, what rights does a man have that's not the biological father if he is listed on the birth certificate?

My daughter listed the man she thought was the father of her child on the birth certificate. They never married. As it turns out he is not the biological father. He is now threatening to take her to court to get custody because he doesn't approve of the new boyfriend. Can she remove his name from... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 16, 2019

If he is on the birth certificate, he is the child's legal father and has equal legal and custodial rights to the child, unless a court has ruled otherwise. I would suggest that your daughter consult with an attorney as soon as possible to discuss what steps she should take.

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1 Answer | Asked in Civil Litigation for Louisiana on
Q: In Forma Pauperis form for Louisiana

On the In Forma Pauperis form for Louisiana the list your monthly expenses part is That pertaining to my home and expenses shared with my spouse prior to me moving out or my current expenses?

If I’ve reached out to the opposing party legal team to see if a continuance would be accepted... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 9, 2019

On the pauper application you would list your current expenses. If you haven't received an answer to your request for a continuance, you should try and follow up with the attorney. If you still don't get a response, file a motion to continue and indicate your efforts to get their consent and their... Read more »

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Can my income be included as joint income if we take my husbands ex wife back to court?

We are at the point of wanting to take my husband's EX wife back to court for more custody but I am afraid she will try and use my income as a reason to increase our current payments. I have gotten mixed reviews from people and am just trying to find some information in this grey area.

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 9, 2019

No, your income can't be used for purposes of calculating child support.

2 Answers | Asked in Animal / Dog Law for Louisiana on
Q: An officer showed up at my friends house 3 weeks AFTER her dog got loose and gave her a ticket for it. Is this legal?

He is a big dog and broke his collar. So he got off his leash, well 3 weeks after this happened an officer showed up and said the town was taking possession of her dog and was giving her a ticket. Is it legal to wait 3 weeks after the incident?

Douglas Lee Bryan
Douglas Lee Bryan answered on Jul 31, 2019

Yes, it's legal.

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2 Answers | Asked in Child Support for Louisiana on
Q: Can an ex spouse demand more money after the child reaches the age of majority?

My husband has been paying child support to his ex for years. No court order and no written agreement. He writes her a check every month and hand delivers it to her. She has never brought him to court over the amount. She just cashes the check and sends him a text reminder the following month.... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jul 30, 2019

No, a court can only order child support from the date something is filed asking for it, or "from the date of judicial demand."

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2 Answers | Asked in Criminal Law for Louisiana on
Q: didn't answer my question .Is it legal to have a unfenced pool In path to get to door?

House where my son lives, there is a pool about 15 feet from door. The water is about 3 and a half feet at that end .it's not fenced . Yes my child can swim .I am concerned that he could fall hit head and drown. Pool is directly in path to get to door of home .Is this legal . What can I do to... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jul 29, 2019

Whether it's "legal" would be a question for the state and local regulatory authorities. If you believe the pool poses a danger to your child, your remedy would be to file a Rule for Modification of Custody or some other appropriate relief. a family law attorney can discuss this with you further... Read more »

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2 Answers | Asked in Child Custody and Health Care Law for Louisiana on
Q: My ex who moved to another state has informed our children's therapist he doesn't want them treated. can she treat?

The children have an established relationship with her for the past year. She has been very open with him regarding their treatment and has documentation of hours of phone conversations with him.

Douglas Lee Bryan
Douglas Lee Bryan answered on Jul 19, 2019

Either parent has full authority to authorize treatment for the children, absent a judgment to the contrary.

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2 Answers | Asked in Adoption for Louisiana on
Q: Can I change my nephews last name? I have full sole custody. Mother on drugs has nothing to do with him father unknown.

I have had him scene the day he was born. The hospital un banded the baby and her and re banded the baby and me . She was in jail when she gave birth.

Douglas Lee Bryan
Douglas Lee Bryan answered on Jul 15, 2019

You can't get a judgment changing the child's name without consent of the parents. You may be able to adopt, however, in certain circumstances, which would allow a name change. An adoption attorney can counsel you on this. Feel free to call and I'll be happy to discuss this with you further.

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1 Answer | Asked in Family Law for Louisiana on
Q: my farther just passed and on his will was the wrong date of dirth printed on the will is the will still good?
Douglas Lee Bryan
Douglas Lee Bryan answered on Jul 11, 2019

A person's date of birth isn't required to be on a will; therefore, it being incorrect wouldn't affect it's validity.

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