Questions Answered by Douglas Lee Bryan
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 »
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.
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?
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.
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 »
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.
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 »
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 »
Q: Can my income be included as joint income if we take my husbands ex wife back to court?
We are at the point of wanting to take my husband's EX wife back to court for more custody but I am afraid she will try and use my income as a reason to increase our current payments. I have gotten mixed reviews from people and am just trying to find some information in this grey area.
No, your income can't be used for purposes of calculating child support.
Q: An officer showed up at my friends house 3 weeks AFTER her dog got loose and gave her a ticket for it. Is this legal?
He is a big dog and broke his collar. So he got off his leash, well 3 weeks after this happened an officer showed up and said the town was taking possession of her dog and was giving her a ticket. Is it legal to wait 3 weeks after the incident?
Yes, it's legal.
Q: Can an ex spouse demand more money after the child reaches the age of majority?
My husband has been paying child support to his ex for years. No court order and no written agreement. He writes her a check every month and hand delivers it to her. She has never brought him to court over the amount. She just cashes the check and sends him a text reminder the following month.... Read more »
No, a court can only order child support from the date something is filed asking for it, or "from the date of judicial demand."
Q: didn't answer my question .Is it legal to have a unfenced pool In path to get to door?
House where my son lives, there is a pool about 15 feet from door. The water is about 3 and a half feet at that end .it's not fenced . Yes my child can swim .I am concerned that he could fall hit head and drown. Pool is directly in path to get to door of home .Is this legal . What can I do to... Read more »
Whether it's "legal" would be a question for the state and local regulatory authorities. If you believe the pool poses a danger to your child, your remedy would be to file a Rule for Modification of Custody or some other appropriate relief. a family law attorney can discuss this with you further... Read more »
Q: My ex who moved to another state has informed our children's therapist he doesn't want them treated. can she treat?
The children have an established relationship with her for the past year. She has been very open with him regarding their treatment and has documentation of hours of phone conversations with him.
Either parent has full authority to authorize treatment for the children, absent a judgment to the contrary.
Q: Can I change my nephews last name? I have full sole custody. Mother on drugs has nothing to do with him father unknown.
I have had him scene the day he was born. The hospital un banded the baby and her and re banded the baby and me . She was in jail when she gave birth.
You can't get a judgment changing the child's name without consent of the parents. You may be able to adopt, however, in certain circumstances, which would allow a name change. An adoption attorney can counsel you on this. Feel free to call and I'll be happy to discuss this with you further.
Q: my farther just passed and on his will was the wrong date of dirth printed on the will is the will still good?
A person's date of birth isn't required to be on a will; therefore, it being incorrect wouldn't affect it's validity.
Q: If my child's mother has kept child from me for 7 yrs do I still have to pay child support in Louisiana?
I received joint custody in 2007 & the last time I saw my child was in 2011. I know for a fact the mother married & my child has been living with her grandparents. Child support has me paying $200 a month but it is not being used to support my child. My child does not live with her mother & it... Read more »
If you are having problems seeing your child, you have the obligation to file something with the court to seek specific visitation rights. Child support isn't dependent on your exercising visitation. If you don't believe you are paying the correct amount, paying the correct person, or seeing the... Read more »
Q: What kind of spousal support can i receive if i left the marital home n allowed husband 2 live in it?
Also i allowed him 2 keep n use all assetts land, vehicles, etc. I left w nothing but clothes.
Interim spousal support is intended to keep the parties in the same standard of living to which they were entitled during the course of the marriage. Therefore, there are a lot of factors to consider in determining this, and the amount will vary from person to person. You can also ask for use of... Read more »
Q: My son is 16 years old and refuses to listen to any of our rules and stay at home. What legal action can I take to
Assure he stays home? We as parents are trying our best and feel like we are out of options.
If he refuses to stay at home and follow the rules of the home, he can be adjudicated a delinquent and placed in state's custody. His option would be to be sent to a juvenile detention center (reform school).
Q: If my child is 18, but did not graduate, do I still have to pay child support?
You still owe child support until the child turns 19 or ceases to become a full-time high school student, whichever comes first.
Q: How long does it usually take for a divorce to be finalized after a prelim default is filed?
3 business days following entry of default. Weekends and holidays are not included.
Q: How do I go about adopting a friend’s baby?
She is currently pregnant and we have discussed this situation numerous times. I just need to know what to do to start the process and make things official.
Contact an attorney that handles private adoptions, who can explain the process and requirements. You need to have one retained prior to the baby’s birth. Give me a call and I’ll be happy to discuss the process and expected costs involved.
Q: I am a grandmother ,I like in lousiana. Do I have rights to visitation?
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.
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.
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 »
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.
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.
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