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3 Answers | Asked in Adoption and Family Law for Louisiana on
Q: Do I need an attorney? My husband wants to adopt my son and the biological dad is willing to relinquish his rights.

The biological dad lives in California and hasn't had anything to do with my son for 9 years. My husband and I live in Louisiana. We don't know if there's anyway we can represent ourselves, or if we just have to have an attorney.

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 23, 2020

I strongly recommend hiring a lawyer to handle your intrafamily adoption. The requirements for an adoption are specific, and a simple mistake can make the adoption invalid. Intrafamily adoptions are quicker and generally are less costly than a private adoption.

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2 Answers | Asked in Child Support for Louisiana on
Q: Stipulated judgement for CS paid directly to CP. Child graduated HS at 18 in May. Does support continue to 19th bday?

I have a stipulated judgement for child support with no arrears (no late payments and all according to the judgement) paid directly to mother. There is no end date or termination conditions specified in the judgement. Son is the only child with the mother, who is the custodial parent. Son turned... Read more »

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

Your child support obligation ended on the date the child graduated.

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2 Answers | Asked in Family Law and Adoption for Louisiana on
Q: My son's father wants to waive his rights to his son to my current husband. How do we go about doing this?
Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 22, 2020

An Intrafamily Adoption would be in order. This process is not as complicated and doesn't take as long to complete as a private adoption. An attorney who handles adoptions can walk you through the process and give you a rundown of anticipated costs.

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3 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: What I need to do now since the driver who side swipe my truck and me didn't have ensurranse
Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 15, 2020

If you have collision coverage on your insurance, you can file a claim against it to cover your property damage. If you have uninsured motorist (UM) coverage, that would cover your losses for any injuries you sustained. An experienced personal injury attorney can review your auto insurance policy... Read more »

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2 Answers | Asked in Family Law for Louisiana on
Q: In Louisiana, can custody of a minor child be transferred to a family member that has power of attorney?

My brother is currently incarcerated at Angola and he has given me power of attorney. Before he was charged and convicted he and the mother of his only child did have a court order for joint custody in place issued in Orleans Parish. What I am trying to find out is since I have power of attorney... Read more »

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

An attorney would have to review the power of attorney to determine whether it would convey the right to grant custody. Even if the POA isn't sufficient, you (or anyone with an interest in the wellbeing of the child) can seek custody, although keeping custody with the mother would have to be... Read more »

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3 Answers | Asked in Family Law and Child Support for Louisiana on
Q: if i established paternity of a child and he wasn't mine why do i have to file a disavow form and we not married

this child is 16 years old i have been going to jail behind this matter i was told to establish paternity in which i did so. Now i'm being told that it doesn't matter that i established paternity i need a Disavow form to be filed and i can't file it myself i really need some help. I... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 5, 2020

Being biologically not the father of the child and being legally not the father are different things. Technically, a child could have 3 different "legal" fathers: biological, legal, and adoptive. If you are legally the child's father, you should file to disavow paternity within 1... Read more »

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1 Answer | Asked in Adoption, Estate Planning and Probate for Louisiana on
Q: Louisiana. ...grandchild has lived in grandparents home,all his life. Grandpa died, aunts trying to evict him. He is ado

Grandchild adopted. But,family blood

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 3, 2020

If the grandchild was adopted by the grandfather and the grandfather didn't have a will, then the grandchild is legal heir to the the home, assuming grandfather had title. You should consult with a successions lawyer as soon as possible.

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: My son's father consistently makes plans or is on vacation during his designated holidays with our son

We have joint custody of our 6 year old son, but I am the domiciliary parent. My son's father is supposed to have him every other weekend and on Wednesday nights during the school year. During the summer we do week on/week off. We alternate holidays such as: Christmas, 4th of July, New... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 3, 2020

You can file a Rule for Contempt. You can also ask that the visitation provisions be modified to eliminate these extra days since he's not taking advantage of them.

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1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Temporary custody was given to me and I let her visit hermom and adult brothers and aunt's. But she won't give her back.

Her mother refuses to give child back. We live in ga and they live in lousiana. The Mother lied about having an apt and doing well and is currently living in a one bedroom apartment with the child's aunt. But is refusing to let us come back and get her. It was supposed to be a visit bc she... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on May 28, 2020

You should consult with an attorney as soon as possible to review the custody papers you have and advise on your options. Your next step will likely depend on whether the papers you have giving you temporary custody were signed by a judge.

2 Answers | Asked in Adoption for Louisiana on
Q: Does the below civil code still hold true today? LA Civ Code 212, SECTION 3. ADOPTION OF ADULTS, Art. 212. Adult adop

Meaning if the adoptive parent is the spouse of the biological parent & adoptee is an adult would judicial consent be needed?

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

If the adoptive parent is the spouse of a biological parent, then judicial consent is not required.

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2 Answers | Asked in Adoption and Family Law for Louisiana on
Q: Can the rights of a father be taken away without his consent? My fiance is wanting to adopt after we are married.

He is not listed as the father on her Birth Certificate, it is blank. I was young and naive and thought I was going to get child support from him. They had to establish paternity but he did not show up in court. I received a letter a few months letter basically saying in the eyes of the court he... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on May 15, 2020

The biological father's consent is not required if he has failed to communicate (or attempt to) without just cause for over 6 months, or if he's failed to comply with a a court order of support for over 6 months.

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2 Answers | Asked in Adoption for Louisiana on
Q: Can an intrafamily adoption be terminated if the stepparent divorces the biological parent?

Can a intrafamily adoption be reversed after 4 years if the parent wants to regain custody and now has the means to take care of the child?

Douglas Lee Bryan
Douglas Lee Bryan answered on May 12, 2020

No, adoptions are permanent and cannot be "undone", except possibly in cases of fraud or the adoption was defective in some way (ie. if the pleadings or procedure weren't correct).

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1 Answer | Asked in Adoption for Louisiana on
Q: Can I present the form, CHC 1122 to a court, with the alleged father present to complete the surrender?

My fiance would like to adopt my daughter and her biological father is okay with the decision. How will I go about this? Also we reside in Texas and the father lives in Louisiana.

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

The bio dad's surrender would have to be filed in the adoption proceedings. You need to consult with an attorney who handles intrafamily adoptions, such as myself, to discuss the process and anticipated costs. Intrafamily adoptions are not nearly as complicated as a private adoption and are... Read more »

2 Answers | Asked in Child Custody and Family Law for Louisiana on
Q: How to amend custody agreement: my husband went to court last April 2019 to get custody agreement with daughter.

My husband and his daughter mom has a custody agreement but the mom has never really followed the agreement. The agreement states that neither parent should question the child about the other parent. Since the agreement she has caused tension between him and his daughter. My step-daughter refuses... Read more »

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

He needs to hire a custody/family law attorney to file a Rule for Contempt and to Amend Custody.

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2 Answers | Asked in Child Support for Louisiana on
Q: Can my child support be dropped if he’s 18 out of school and no longer living at home with custodial parent.

I know with the virus everything is crazy but my child is 18 and officially done with high school and has moved out of his mothers house. The mother claims that she is taking me back to court for more money and for me to have to pay for his college. How is this legal and how can I get my obligation... Read more »

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

If the child is 18 and has graduated high school (or if he is no longer attending), then you no longer owe support for that child. Child support is not legally owed for a child who is attending college (unless perhaps he is dually enrolled in both high school and college).

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2 Answers | Asked in Child Custody for Louisiana on
Q: I have visitation rights per the divorce paperwork. My ex won’t let me see kids. Can she do this?

What can I do about this? The sheriff’s department said they won’t go with me to her house. I can only file a report with them.

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

You need to file a rule for contempt. The judge can punish her for not complying with the judgment. Contact a custody lawyer to help you with this. She can be ordered to reimburse you for some or all of your attorney fees.

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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... 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,... 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... 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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