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Questions Answered by Douglas Lee Bryan
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.

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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.

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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.

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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.

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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.

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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.

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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 »

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