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 »
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.
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.
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 »
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.
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 »
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 »
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.
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 ??
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 »
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.
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?
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.
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 »
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.
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 »
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.
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?
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 »
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 »
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 »
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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