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Questions Answered by Douglas Lee Bryan

2 Answers | Asked in Family Law for Louisiana on

Q: I am a grandmother ,I like in lousiana. Do I have rights to visitation?

Douglas Lee Bryan answered on Jun 24, 2019

Generally, in Louisiana, a grandparent doesn't have automatic rights to visitation with his/her grandchild. There are some exceptions to the rule. You should speak with an attorney who handles custody matters to determine if your situation would give you the right to ask for visitation.

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2 Answers | Asked in Adoption for Louisiana on

Q: As a step mother can I adopt my step son if my husband had majority custody and we’ve had him his entire life of 13yrs?

His dad has custodial and domiciled custody and his birth mom gets visitation and was ordered to pay child support, but she doesn’t do it on time or anything else for him and she forfeits her visitation periods often.

Douglas Lee Bryan answered on Jun 21, 2019

Yes, you have standing to adopt. Whether the birth mother has to consent or can object to the hearing is another issue. This depends on whether she has failed to pay a court order of support or failed to communicate with the child without just cause for over 6 months. Give me a call and I’ll be... Read more »

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1 Answer | Asked in Child Support for Louisiana on

Q: Is there a time limit imposed on signing child support documents?

My husband was granted 50/50 custody and the documents were drawn up to reduce his child support obligation. However, it's been 4 months and she refuses to sign them. The full payments are still being deducted.

Douglas Lee Bryan answered on Jun 21, 2019

The judgment can be filed without her signature with proper certification that it was circulated and she stated no objection to the form or content. Your husband's lawyer should know the proper verbiage.

1 Answer | Asked in Workers' Compensation for Louisiana on

Q: workers comp case active. Nurse injured on 5/29/19. Case being handled poorly, still no treatment plan from doctors.

I’m extreme pain w back injury. CT showed 4 fractures in spine. Adjuster is taking a week between each step of scheduling md appts, MRI, etc. still no treatment plan. It’s been 3 weeks and no plan. Fractures will heal deformed and ability to return to work is decreasing. Was supposed to have a... Read more »

Douglas Lee Bryan answered on Jun 20, 2019

You should call and speak with an attorney that handles worker's compensation matters. Give me a call, and I'll be happy to discuss the matter with you further. By the way, Nurse Case Managers aren't there to help you; their job is to help the insurance company.

2 Answers | Asked in Child Custody for Louisiana on

Q: How much is it to file for voluntary custody transfer

My mom agreed to give me custody of my son back

Douglas Lee Bryan answered on Jun 19, 2019

This is usually relatively inexpensive; however, attorneys fees can vary. I'd be happy to discuss the matter with you further, including the process and cost involved. Feel free to give me a call.

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2 Answers | Asked in Family Law for Louisiana on

Q: Can a married person kidnap their own children in louisiana; there is no custody agreement or talks of divorce?

I would like to take my children on vacation for the summer out of state, my husband is controlling and does not want me to go; so he is threatening to call the police if I take the children. We are married and as we are "very religious" we have not considered divorce (and probably will never... Read more »

Douglas Lee Bryan answered on Jun 17, 2019

One cannot kidnap his or her own children. If there is no custody judgment, both of you have equal rights to custody of the children. Enjoy your vacation.

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2 Answers | Asked in Adoption for Louisiana on

Q: So trying to find out what I need to do for my step dad to adopt me.

I'm 33 years old.

Douglas Lee Bryan answered on Jun 17, 2019

An attorney familiar with adoptions can help you. If you're under 18, an intrafamily adoption would be the most likely option. If you're over 18, a notarial adoption would probably be appropriate. I'd be happy to discuss this with you or your step-dad further, including the process and... Read more »

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3 Answers | Asked in Personal Injury, Car Accidents and Wrongful Death for Louisiana on

Q: I need advice on what to do next. My husband was killed in a hit&run in Rayne, LA May17, 2019. I'm lost, need help.

I sent a question early this morning & was asked where the hit & run took place. It was Rayne, LA. I can't get anyone in that parish to release any info to me. He is not listed as an inmate, yet I can't even get the name of his insurance or his toxicology report. I'm disabled & I feel he or his ins... Read more »

Douglas Lee Bryan answered on Jun 14, 2019

I'd be happy to discuss this matter with you further and assist in any way possible. Give me a call and I'll fight to get you the compensation you deserve.

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3 Answers | Asked in Personal Injury and Wrongful Death for Louisiana on

Q: May 17,2019, my husband was killed in a hit & run accident while riding his bicycle. Who do I contact to know my rights?

He was on a bicycle. The driver fled, but was arrested later that day. Can I sue his insurance for burial fees & pain & suffering? This was in Louisiana, on May 17,2019.

Douglas Lee Bryan answered on Jun 14, 2019

My sincerest condolences on your loss. An attorney experienced in personal injury matters can help you and answer any questions you have. Feel free to give me a call and I'll be happy to assist you further.

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2 Answers | Asked in Adoption and Child Custody for Louisiana on

Q: If I’m 19 and my nieces have been in foster care for 2 years. could I get custody of them ?

Douglas Lee Bryan answered on Jun 13, 2019

You would have to go through foster parent training and certification. You should speak with the childrens' caseworker to discuss the requirements.

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2 Answers | Asked in Family Law for Louisiana on

Q: If I am divorced, and looking to move in with my new boyfriend, can my two kids (age:14&8) be taken away from me?

Wanting to move in with my Boyfriend who is great to me and my kids. We have been dating a year now. My kids may get mad at me for moving them away from there friends and I am scared they are going to say they want to move in with the grandparents or the father. I have sole custody and they may not... Read more »

Douglas Lee Bryan answered on Jun 12, 2019

One of the things a judge looks at is stability of the relationship. If you move in with a boyfriend, the question most judges ask is where will you go if he makes you move out. Perhaps a bigger question is, if you've been dating for a year, why would you not get married rather than simply move... Read more »

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2 Answers | Asked in Child Custody for Louisiana on

Q: I need help with Ex Parte Custody question

if the mother was released from mental hospital at the time the father filed Ex Parte Custody, and father cannot find mother and son to serve order, will the father be granted custody? Mother’s home was really dirty, could that be grounds to win Ex Parte Custody? Mother is stable now to take care... Read more »

Douglas Lee Bryan answered on Jun 11, 2019

The factors you mentioned can all be considered by the judge in favor of granting ex parte custody. There are legal steps that can be taken to locate and/or give the mother legal notice of the proceedings. An attorney can help you maneuver through the process.

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2 Answers | Asked in Child Custody, Family Law and Juvenile Law for Louisiana on

Q: Is there a legal age for a child to be home alone and in the care of a younger sibling?

Douglas Lee Bryan answered on Jun 7, 2019

It really depends on the maturity of the child (and the sibling) and any special needs of the sibling. Usually 12-14 has been acceptable in past situations, depending on the circumstances.

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2 Answers | Asked in Family Law and Child Custody for Louisiana on

Q: Mom gets TPR but Dad finishes case plan and gets kids back from foster care. How much contact with Mom is permitted?

Scenario.. If Dad can stay clean but mom can't, he works to get kids back for him and mom. Once the court give custody back to dad, he lets mom move in and they are back to where they started before dcfs was called. Is it illegal for the mom to move back in after her tpr?

Douglas Lee Bryan answered on Jun 7, 2019

Any contact would be discretionary on the part of the father, unless she has a judgment specifically giving her visitation privileges. If she hasn't completed her required work plan, any contact may not be in the child's best interest.

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3 Answers | Asked in Car Accidents for Louisiana on

Q: In a parking lot with no parking lines I was backing up and car was pulling up who is responsible

We only exchange each other paint. No police was called at the time but the lady wind up calling one after the fact to put on file and wants me to cover all damage and rental

Douglas Lee Bryan answered on Jun 6, 2019

There are no traffic safety laws in effect in a parking lot collision. Most of the time insurance companies will attribute equal fault to both drivers, if both vehicles are moving. Of course, the individual circumstances of each occurrence may dictate a different result. I'd turn everything over... Read more »

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2 Answers | Asked in Child Custody and Family Law for Louisiana on

Q: Who do I contact if drug test were falsified in our custody case where they are biased?

Douglas Lee Bryan answered on Jun 3, 2019

Your lawyer should file to exclude the report if there's actual proof that it was falsified.

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2 Answers | Asked in Personal Injury and Insurance Bad Faith for Louisiana on

Q: Just had my forma pauperis statis accepted on a suit for over 100000 do i ask for hearing to obtain evidence now

How do i file for trial

Douglas Lee Bryan answered on Jun 3, 2019

You should consult with an attorney to represent you.

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2 Answers | Asked in Child Custody and Family Law for Louisiana on

Q: If a temp exparte order is null and void under 3945 at first hearing for custody modification, can it remain in effect?

Childrens father improperly retained our 3 children at the end of summer break 2018. at which time, i was served with a rule to show cause, and rule to modify custody, and an ORDER granting the father temporary custody until the hearing set for 09 13 2018. A request for a hair follicle screen for... Read more »

Douglas Lee Bryan answered on Jun 3, 2019

You should consult with an attorney to represent you. There are procedural steps you must take to bring the matter to trial.

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2 Answers | Asked in Family Law and Child Support for Louisiana on

Q: Is a modification possible for an existing order set over 5 years ago?

We have 3 kids. When support was ordered r years ago, I had no income or financial responsibility other than my kids. So child support was based off of NCP income alone. It has been a long road to get NCP to pay support on time. He finally started paying consistently for the past year. Is it... Read more »

Douglas Lee Bryan answered on May 31, 2019

Yes, child support can be modified at any time there is a change in circumstances, such as changes in income or extraordinary expenses relating to the child.

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2 Answers | Asked in Family Law and Child Support for Louisiana on

Q: It's been two years since my childs father filed for a divorce. The divorce never finalized Can I take him back for incr

He filed a divorce two years ago they granted child support and interim spousal support for his spouse. The divorce never finalized because they never separated. Can I go back for an increase for my child.

Douglas Lee Bryan answered on May 31, 2019

Child support can be recalculated any time there's a change in circumstances, so yes.

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