Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Douglas Lee Bryan
1 Answer | Asked in Legal Malpractice for Louisiana on
Q: How and what to file suit against an attorney for delay tactics and the emotional distress and monetary losses associate

The case has taken more than 5 years. Every time there is a deadline it is missed. We submitted a piece of evidence into record and the attorney was given 15 days to reply with its admissibility. That was 49 days ago. This is a trend and I believe it is to try to run my funds dry so I cannot... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jan 22, 2020

If you believe your lawyer has committed malpractice on your case, you should consult with another attorney to review your file and advise whether he agrees. You have a right to receive either the original or a copy of your file.

2 Answers | Asked in Real Estate Law, Estate Planning, Landlord - Tenant and Probate for Louisiana on
Q: Can i finally get my home

As a child I bought a house from my sister with money that my dead father had left me in cds at a bank, it was taken by

Douglas Lee Bryan
Douglas Lee Bryan answered on Jan 21, 2020

You need to consult with an attorney that handles property or successions.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: Can I move out of state with my child? The father & I never married, no custody agreement in place, & he does not pay cs

I moved to Texas for my job and other beneficial reasons. My child's father did not agree with this. I decided to move back home so my child and her father can be closer. However , he doesn't help much and complains I live to far. We live 12 miles from each other. He does spend time with her when... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jan 14, 2020

You would need to comply with the relocation statute if you move out of Louisiana. A family law attorney can help you comply with the statute.

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: Once paternity is established how do you go about visitation? Will that be decided the same day as child support?!

Lake Charles, Louisiana

Douglas Lee Bryan
Douglas Lee Bryan answered on Dec 18, 2019

You will have to petition to establish your visitation rights. You should consult with a family law attorney to help you with this and answer any questions you may have.

View More Answers

2 Answers | Asked in Personal Injury for Louisiana on
Q: Can child support intercept a personal injury check from the insurance company before it’s paid to the attorney or do

Or do they have to pay it to the attorney first

Douglas Lee Bryan
Douglas Lee Bryan answered on Dec 17, 2019

In most cases, back child support would be treated as a lien, requiring that that the State (or whomever is collecting) to be included as a payee on the check. In that case, it would go to the attorney to distribute the funds and honor the lien.

View More Answers

2 Answers | Asked in Child Custody for Louisiana on
Q: Are there restrictions that would prevent me from moving out of state with my children if I have full custody?

Their father is only allowed 2 supervised visits per month for 4 hours each.

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

Yes, you need to comply with Louisiana's relocation statute. An attorney can ensure that you do everything needed to comply.

View More Answers

1 Answer | Asked in Family Law for Louisiana on
Q: me and my husband are seperated and both our names are on the mortgage.

. i left because we couldnt stay in the same home For the last year and a half he has been late almost every payment. Can i move back in the house since my name is still on the mortgage

Douglas Lee Bryan
Douglas Lee Bryan answered on Nov 26, 2019

You can ask the court for an order allowing you use of the community home pending partition of the community in your suit for divorce. If you have not yet filed, now may be a good time to speak with a divorce attorney before your credit suffers more.

2 Answers | Asked in Adoption and Family Law for Louisiana on
Q: I want to adopt my wife son, the biological father is dead. How do we proceed with this without spending thousands

I have supported my stepson since he was an infant, the birth father is no longer alive and we are wanting to go through the adoption process and get everything changed.

Douglas Lee Bryan
Douglas Lee Bryan answered on Nov 20, 2019

An uncontested intrafamily adoption probably costs less than you think. An attorney that handles such matters can discuss their fees and other anticipated costs.

View More Answers

2 Answers | Asked in Child Support for Louisiana on
Q: Can child support be dropped through the state if both parents agree?

If child support is court ordered to be paid through the state, if both parents agreed, could it be stopped being paid through the state and just be paid directly to the custodial parent?

Douglas Lee Bryan
Douglas Lee Bryan answered on Nov 18, 2019

Usually this can be done, as long as the state is not a party in interest. Sometimes the state has an interest if the children are receiving public assistance.

View More Answers

2 Answers | Asked in Child Custody and Child Support for Louisiana on
Q: Can grandparents raising grandchildren get child support from the parents of the children?

We are caring for our two grandsons who are 11 and 5. The 5 yr old is severely disabled as he is deaf, has cerebral palsy, is on the autism spectrum,is not potty trained, has Klinefelters and a few other diagnoses. Mom is in a sober living home and dad has moved to California. The only support we... Read more »

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

Yes you can ask for child support, but you will first have to get an order granting you legal custody if you have not done so already. A custody attorney can help you with this.

View More Answers

2 Answers | Asked in Family Law for Louisiana on
Q: How can a Father establish paternity,voluntarily pay child support, and establish visitation.
Douglas Lee Bryan
Douglas Lee Bryan answered on Nov 7, 2019

An attorney who handles family law (custody/visitation) can help you with this.

View More Answers

3 Answers | Asked in Divorce for Louisiana on
Q: How do I get my wife to sign the divorce papers. We not been together for twenty years and she refuses to sign
Douglas Lee Bryan
Douglas Lee Bryan answered on Oct 30, 2019

She doesn't have to sign or agree to anything. Consult with an attorney who handles divorces, who should be happy to walk you through the divorce process and costs involved, which should not be very expensive.

View More Answers

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: To get someone to review the records I’m not sure on how to go about doing that.
Douglas Lee Bryan
Douglas Lee Bryan answered on Oct 25, 2019

An attorney who handles medical malpractice matters usually will have the records reviewed to determine if malpractice was committed.

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.

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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.

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.