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Questions Answered by Douglas Lee Bryan
1 Answer | Asked in Adoption for Louisiana on
Q: Can the rights of a non-custodial parent be taken away without having someone adopt her to "legally" be her father?

My daughters father has abandoned her, i'm remarried, but do not have the funds to pay adoption fees for my husband to legally adopt her. Non-custodial parent hasnt had any contact in almost 5 years, my husband has been her "dad" for the past 8 years.

Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 20, 2020

His rights can only be terminated by action of the State (for example, in a OCS proceeding) or for purposes of an adoption. In this case, your husband can adopt the child, most likely without the father's consent. Intrafamily adoptions generally are not as expensive or complicated as a private... Read more »

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: In Louisiana if a father wants to voluntarily terminate/surrender his right, is that possible.

If not, is there another way his rights can be terminated. She is going to be 10 soon and has seen her only 2 times. Once when she was a couple weeks old and once when she was a toddler.

Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 18, 2020

He can voluntarily surrender his rights for purposes of surrendering the child for adoption. For instance, if your husband wishes to adopt her, he can surrender. Technically, if he has failed to communicate with the child without just cause for the last 6 months, his consent isn't even required.

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2 Answers | Asked in Family Law for Louisiana on
Q: We are in a state where the coronavirus is spreading rapidly. Is that a valid cause to deny visitation?
Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 17, 2020

I think common sense will dictate the answer to this question. The pandemic alone doesn't justify denying visitation in my opinion. However, the individual circumstances of each case will probably dictate whether the child would be potentially exposed by allowing visitation. As an example, if... Read more »

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2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: What can I do if my mom is not following court orders?

My mom has temp. Custody of my son. I have visitation rights through the court which consists of 2 days a week, 4 hours each visit. I beg her every single day to see him but she always comes up with an excuse. I'll be lucky if I get to see him once a week. I've applied for an attorney through legal... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 13, 2020

If she is not complying with a court order granting you visitation, she may be in contempt. Your remedy would be to file a Rule for Contempt. An attorney can help you do this, and you should consult one for this issue.

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2 Answers | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Can my son's stepfather get legal parental rights since my son's biological father passed away recently?

My son is 14. His bio father died recently. What can I do so that my husband can have legal parental rights without changing my son's last name or his Birth Certificate?

Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 10, 2020

You can do a Voluntary Transfer of Custody giving him joint custody with you. An attorney can help you with this, and it should not be very expensive.

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1 Answer | Asked in Estate Planning for Louisiana on
Q: How can I get a copy of my dads will because my 1/2 sister will not give anyone a copy and she will not file it

Unfortunately she connived my dad because he felt sorry for her and she took him and my mom her mother to get a will made up sneakily years ago and I just found this out but she won’t give me a copy. My dad raised her and 3 more kids my mother had by 3 different men while she was married to my... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 1, 2020

Yes, anyone having a potential interest in his estate can open the succession and force her to produce the will, if one exists. Speak with an estate/successions lawyer.

1 Answer | Asked in Probate for Louisiana on
Q: I need help executing a succession in Louisana

My brother and niece didn't sign the succession, because they wanted to contest the will, however I'm the executor, my niece and brother took what they wanted, and has caused me financial hardship because of not signing the succession. I paid my attorney the full amount, but yet she fired me when... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 1, 2020

You should consult with another attorney immediately. He or she can discuss your best option to finish the succession. Your siblings don't have to sign to conclude matters, although it helps. If your new lawyer feels your previous lawyer overcharged for the work performed, he/she can give you... Read more »

2 Answers | Asked in Child Support for Louisiana on
Q: What is the statute of limitations regarding suing for back child support in Louisiana? My daughter is 17.

Her father hasn't paid for insurance or any set amount of support since 2010. My job and income have fluctuated over the last 10 years. Her father's job has been the same, but with earnings increases, bonuses, etc.

Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 1, 2020

The statute of limitations is ten years. Speak with an attorney right away.

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2 Answers | Asked in Child Custody for Louisiana on
Q: If parents have joint custody can just one parent give someone else provisional custody or do both have to agree to it?
Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 1, 2020

If you're not in agreement with the person your child is with, you should speak with a custody attorney immediately about filing for domiciliary custody of your child.

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2 Answers | Asked in Estate Planning for Louisiana on
Q: My father died and my brother took his truck and title and is trying to get it put in his name without my consent

He has 3 children and didn’t have a will. I was also one of the beneficiaries

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 27, 2020

He will have to provide the State with an Affidavit of Death & Heirship. He can't legally change the title without all of your siblings' signatures. You should speak with a succession attorney to help. An estate may need to be opened on your father, even if your father had no will.

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2 Answers | Asked in Child Support for Louisiana on
Q: I have been paying the same support for 12 years

If mother request a increase can she get it even though I have been married and have other kids to support?

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 27, 2020

Child support is based on your income and the other parent's income. Children you've had since the last child support order don't affect the guidelines, but the judge can take them and other factors into consideration in determining if he/she should deviate from the what the guidelines say your... Read more »

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2 Answers | Asked in Medical Malpractice for Louisiana on
Q: My brother had colon cancer surgery on last week. He did good until 2 days ago. They did not mark the arear they guess.

So they need to go back in. They had plan to do surgery today. But he needed blood he has bed sores. He has blood clots now. He is in a hospital in Grand Rapids Michigan I am in Louisiana. The doctor informed his care person what they have done. Is this medical malpractice?

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 29, 2020

You would need to consult with an attorney licensed in Michigan and familiar with malpractice laws in that state. Malpractice laws vary from state to state.

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2 Answers | Asked in Child Support for Louisiana on
Q: Won money at casino but in arrears. They took it for child support but it never made it to child support.What 2 do?

5 months ago...Horseshoe Casino

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

If the state doesn't provide you with an accounting of where the funds went, you can file a rule for them to provide an accounting and/or credit your arrearage.

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2 Answers | Asked in Child Custody for Louisiana on
Q: How is joint custody dertemined?

In Louisiana would a judge grant joint custody of a school age Child if the parents live in two separate parishes?

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 19, 2020

Joint custody is presumed to be in the child's best interest, so yes. It simply means that both parents have equal parental rights and access to medical and school records. In a typical joint custody scenario, the child lives with one parent and the other has weekend visitation. The parent with... Read more »

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2 Answers | Asked in Child Support for Louisiana on
Q: Is a fathers child support obligation decreased if he voluntarily takes a pay cut?

To be home more (he worked offshore now moving to the office) after paying the same amount for 6 years?

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 19, 2020

If the court determines he's voluntarily underemployed, then he can't use his pay cut to get a decrease in support. The court would look at what he has the ability to earn.

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3 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Should I know my inheritance before being asked to donate it to my stepmother?

My stepmother informed my siblings and myself about our father's will. We have contacted her because we live in Texas and wanted to know more information about it. She refused to speak to us about the matter. Each one of us has recieved a letter from an attorney asking us to donate our share of the... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 18, 2020

Don't sign a thing without obtaining a copy of the will and consulting with a Louisiana attorney who handles succession matters.

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2 Answers | Asked in Personal Injury for Louisiana on
Q: Does the bar security guard has the right to body slam a female in the public street when she's not on there property?

The female was leaving the bar and two female jumped her and she was trying to fight back but they was the altercation was in the street not on the bars property. The guard picked the female who was getting jumped up off her feet and slammed her to the ground and laid on top of her telling to shut... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 17, 2020

Take photos to document her injuries and get the names and contact information for as many of the witnesses as you can. Then contact a personal injury attorney.

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3 Answers | Asked in Divorce for Louisiana on
Q: My soon to be ex-husband of 23 years is the listed owner of our home in Louisiana. He has not worked 15 yrs of 23 yr

marriage. It has been my income that has paid 90% of the loan. We also remortgaged in 2003 & 2009 which I signed and thought this made me an equal owner. Home is now paid in full. Am I entitled to 50% of the property value? Based on the information provided, would you sue to obtain 50% of the... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 17, 2020

If the home was purchased during the marriage, if would be considered community property and you'd be entitled to 50% of the equity in the home. If he purchased it before the marriage, you may be entitled to reimbursement for your half of the community payments used towards the notes on the house.... Read more »

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2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: How do you do an act of donation to my father on property we inherited that was my mothers half? She did not have a will

My mother passed and did not have a WILL, we got her half and my father is still alive. We want to donate her half to my father. WE heard this was the best thing to do in case he wants to do anything. He owns a home and property and vehicles etc.

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

An attorney handling property matters can prepare an act of donation for you.

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3 Answers | Asked in Child Support and Family Law for Louisiana on
Q: We just found out my 14 year old step son is not my husbands child through DNA. How so we stop state child support

The mother is trying to move out of state. She revealed to the child in october that my husband was not his father. They found his father, they have met, we found all this out 3 days ago. Son is no longer speaking to my husband. Can we ask the state to stop child support?

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 10, 2020

Your husband will have to file a Petition to Disavow Paternity. He has to do this within one year of finding out he's not the father.

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