Questions Answered by Douglas Lee Bryan
Q: How can I forgive child support arrears?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Louisiana
on
Answered on Feb 20, 2019
Answered on Feb 20, 2019
Douglas Lee Bryan's answer
That can be done in the judgment changing custody. It would just need to specify that any and all arrearage is satisfied and/or forgiven. I would suggest having an attorney prepare a voluntary transfer of custody. Give me a call and I'll be happy to discuss the process and potential costs, including attorney fees and court costs.
That can be done in the judgment changing custody. It would just need to specify that any and all arrearage is satisfied and/or forgiven. I would suggest having an attorney prepare a voluntary transfer of custody. Give me a call and I'll be happy to discuss the process and potential costs, including attorney fees and court costs.
Q: We have a 17 year old daughter who moved out last night because she didn’t want to be punished. How to emancipate?
Douglas Lee Bryan's answer
A 17 year old can be emancipated without the concurrence of her parents. Therefore, if your daughter is in agreement, her mother would not have to be involved.
A 17 year old can be emancipated without the concurrence of her parents. Therefore, if your daughter is in agreement, her mother would not have to be involved.
Q: I am trying to get a divorce from my husband we have no kids are nothing together he had raped me
Douglas Lee Bryan's answer
You can get a divorce even if you aren't sure of his current address. It's always best to attempt to locate an address for him, however. If you don't know where he is, the process takes longer and is more costly. Feel free to give me a call and I'll be happy to discuss the process and potential costs, including fees.
You can get a divorce even if you aren't sure of his current address. It's always best to attempt to locate an address for him, however. If you don't know where he is, the process takes longer and is more costly. Feel free to give me a call and I'll be happy to discuss the process and potential costs, including fees.
Q: I have soul custody of my 4 children. I want to let the oldest one who is 15 go live with his mother.
Douglas Lee Bryan's answer
You can file to voluntarily grant her joint custody of him without going to court. An attorney usually can handle this for you without going to court fairly inexpensively. Give me a call and I'll be happy to discuss the procedure and costs associated with this.
You can file to voluntarily grant her joint custody of him without going to court. An attorney usually can handle this for you without going to court fairly inexpensively. Give me a call and I'll be happy to discuss the procedure and costs associated with this.
Q: In Louisiana does a lawyer get their fee before medical bills are paired ?
Douglas Lee Bryan's answer
An attorney's fee agreement usually provides for a fee on the total recovery. Therefore, if the recovery is for $10,000, including medical bills, then his fee would be on the entire $10,000.
An attorney's fee agreement usually provides for a fee on the total recovery. Therefore, if the recovery is for $10,000, including medical bills, then his fee would be on the entire $10,000.
Q: What forms would my boyfriend need to fill out to file for an uncontested divorce in Louisiana?
Douglas Lee Bryan's answer
I suggest hiring an attorney to handle his divorce to ensure that it is done correctly. If a divorce is not done correctly, the parties may end up still legally married. Many attorneys do not charge much for an uncontested divorce, especially one without children. Feel free to contact me to discuss this further, including the potential costs.
I suggest hiring an attorney to handle his divorce to ensure that it is done correctly. If a divorce is not done correctly, the parties may end up still legally married. Many attorneys do not charge much for an uncontested divorce, especially one without children. Feel free to contact me to discuss this further, including the potential costs.
Q: My daughter was killed in an accident. Is it mandatory for an autopsy be done if the family doesn't want it
Douglas Lee Bryan's answer
My sincerely condolences for your loss. I believe that an autopsy only has to be performed if the death is under suspicious circumstances or if a crime is suspected which resulted in her death. Give me a call and I’ll be happy to discuss this with you further.
My sincerely condolences for your loss. I believe that an autopsy only has to be performed if the death is under suspicious circumstances or if a crime is suspected which resulted in her death. Give me a call and I’ll be happy to discuss this with you further.
Q: My boyfriend got Served papers For a contempt hearing and motion to intervene. Its state's that he is 44,000 in arrears.
Douglas Lee Bryan's answer
Your boyfriend needs to hire an attorney to represent him ASAP. You need to ensure the attorney has a sufficient amount of time to review the file and compile the evidence needed to defend your boyfriend.
Your boyfriend needs to hire an attorney to represent him ASAP. You need to ensure the attorney has a sufficient amount of time to review the file and compile the evidence needed to defend your boyfriend.
Q: Can a family court judge order force a couple to end there relationship?
Douglas Lee Bryan's answer
No, but a judge can use a person's relationship with a person as a reason to deny custody to a parent.
No, but a judge can use a person's relationship with a person as a reason to deny custody to a parent.
Q: My sons father has custody and moved him out of state. Is he in violation of my visitation rights?
Douglas Lee Bryan's answer
If he didn't comply with the child relocation statute, he can be held in contempt and/or made to return the child to Louisiana. You should consult with an attorney as soon as possible to ensure your rights are protected.
If he didn't comply with the child relocation statute, he can be held in contempt and/or made to return the child to Louisiana. You should consult with an attorney as soon as possible to ensure your rights are protected.
Q: gow Can I adopt my cousins baby when he is born? Both parents willing to sign over rights at the hospital.
Douglas Lee Bryan's answer
This is called an intrafamily adoption. It's generally less expensive and less complicated than a private adoption. You need to consult with an adoption attorney as soon as possible so that the paperwork can be started and so that things will go faster and smoother after the child's birth. Give me a call and I'll be happy to discuss the procedure and anticipated costs further.
This is called an intrafamily adoption. It's generally less expensive and less complicated than a private adoption. You need to consult with an adoption attorney as soon as possible so that the paperwork can be started and so that things will go faster and smoother after the child's birth. Give me a call and I'll be happy to discuss the procedure and anticipated costs further.
Q: Dad passed away 10 yrs ago. Left a trust for Mother and 4 daughters with spouses also named on trust. 1 sister passed,
Douglas Lee Bryan's answer
You will need to have an attorney review the trust documents and consult with you in person. This is not the type of question that can be answered in a forum such as this. The way the trust is written will likely determine the answers to your questions.
You will need to have an attorney review the trust documents and consult with you in person. This is not the type of question that can be answered in a forum such as this. The way the trust is written will likely determine the answers to your questions.
Q: will a lawyer represent you
Douglas Lee Bryan's answer
You can hire an attorney at any time during your representation. What each attorney charges varies, and your answer would likely depend on whether the attorney feels your initial petition is adequate or needs to be amended. I recommend that you call around to find a family law attorney whose fees you can afford. I wouldn't recommend going to court without having an attorney who knows the law and procedure required to adequately prove your case.
You can hire an attorney at any time during your representation. What each attorney charges varies, and your answer would likely depend on whether the attorney feels your initial petition is adequate or needs to be amended. I recommend that you call around to find a family law attorney whose fees you can afford. I wouldn't recommend going to court without having an attorney who knows the law and procedure required to adequately prove your case.
Q: Hello, My son, Anthony, got married in Fairbanks, AK, which is where he is stationed in the Army, married on 08-02-18
Douglas Lee Bryan's answer
If he's a permanent resident of LA stationed in AK, he can file for divorce either in Alaska or Louisiana.
If he's a permanent resident of LA stationed in AK, he can file for divorce either in Alaska or Louisiana.
Q: Mom of 3, dad on Christmas Eve jus up and took my kids from me haven’t returned them since.
Douglas Lee Bryan's answer
You need to consult with an attorney immediately to discuss your options and rights. You may have grounds to ask the court for an immediate order of temporary custody, or if you already have a judgment giving you custody, a civil warrant.
You need to consult with an attorney immediately to discuss your options and rights. You may have grounds to ask the court for an immediate order of temporary custody, or if you already have a judgment giving you custody, a civil warrant.
Q: If I get a legal separation from my husband, will I still be responsible for the bills he makes?
Douglas Lee Bryan's answer
There's no such thing as a "legal separation" in Louisiana anymore. Assuming you don't have a prenuptual (premarital) agreement, the two of you still have a community of assets and debt whether you are living together or not, and you are both potentially liable for any debt the other accrues until a petition for divorce is filed. Once a judgment of divorce is signed, the community will terminate retroactive to the date the petition for divorce is filed.
There's no such thing as a "legal separation" in Louisiana anymore. Assuming you don't have a prenuptual (premarital) agreement, the two of you still have a community of assets and debt whether you are living together or not, and you are both potentially liable for any debt the other accrues until a petition for divorce is filed. Once a judgment of divorce is signed, the community will terminate retroactive to the date the petition for divorce is filed.
Q: Do I have to rotate my Federal and State deduction each year with the Biological father if he doesn't pay child support?
2 Answers
| Asked
in
Child Custody, Child Support and Family Law
for
Louisiana
on
Answered on Jan 4, 2019
Answered on Jan 4, 2019
Douglas Lee Bryan's answer
You would need to file to have it changed so remove that provision from the judgment. Your attorney can also file a rule to have him held in contempt due to his failure to comply with the support order.
You would need to file to have it changed so remove that provision from the judgment. Your attorney can also file a rule to have him held in contempt due to his failure to comply with the support order.
Q: what is the procedure to obtain an arrest warrant for civil contempt of court in a paternity case?
Douglas Lee Bryan's answer
You or your attorney will need to file a Rule for Contempt, asking that he be held in contempt for failing to appear.
You or your attorney will need to file a Rule for Contempt, asking that he be held in contempt for failing to appear.
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
3 Answers
| Asked
in
Divorce, Family Law and Child Custody
for
Louisiana
on
Answered on Dec 31, 2018
Answered on Dec 31, 2018
Douglas Lee Bryan's answer
No, no such law exists. It is a good idea to ensure you are in a stable, meaningful relationship before introducing a boyfriend/girlfriend to your kids, but no law dictates it.
No, no such law exists. It is a good idea to ensure you are in a stable, meaningful relationship before introducing a boyfriend/girlfriend to your kids, but no law dictates it.
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.
