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Questions Answered by Douglas Lee Bryan
2 Answers | Asked in Child Support for Louisiana on
Q: In Louisiana , how can the father be served Child Support papers? Does it have to physically be given to him?

Or are there other options? He can always avoid physical papers. Can they be given by certified mail/ email?

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 24, 2020

Usually in Louisiana, service is either made personally (given to him) or domiciliary (given to someone at his residence). If the person resides in another state, service can be made "long-arm" through certified mail, or in any other way authorized by his state's laws.

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2 Answers | Asked in Child Support, Estate Planning and Probate for Louisiana on
Q: Do I receive the back child support if he had a lien? Do my kids need an attorney to receive the settlement as next kin

My kids father passed away and he had a settlement for unpaid settlement from a vehicle accident.

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 24, 2020

If the father died without a will then his children would be next of kin and would inherit the rights to pursue his claim. Also, if he had children other than the one(s) he owes child support for, then the lien for back-due support would be owed before any of the other money is distributed. I... Read more »

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1 Answer | Asked in Probate for Louisiana on
Q: My mother was killed in a automobile accident on June 3,2020 and at the time of her passing she did not leave a will.

She owns a home (4918 Okeefe St Bossier City, La) which my girlfriend and I were currently living in at the time of my mother passing. I am the oldest child of two from my mother and father (mom and dad have been divorced for years now). My mother does own the home but has a mortgage due to... Read more »

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

While your sister has a right of use to the house, she cannot kick you out to gain it. You have equal rights to use of the home. You can sue your sister for wrongful eviction and to be restored to use of the home. If you no longer wish to be a co-owner of the property with your sister and she... Read more »

2 Answers | Asked in Child Support for Louisiana on
Q: Can my girlfriend put me on child support even though the baby ain't mine but I signed the birth certificate

She lied like I was the father and the biological father still have all his rights

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 4, 2020

If you signed the birth certificate, you also signed an acknowledgement of paternity. So, even if you're not the biological father, you are the legal father. You would have one year from the date you realized you may not be the father to file a petition to disavow paternity, which would... Read more »

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2 Answers | Asked in Car Accidents and Traffic Tickets for Louisiana on
Q: Can I receive a ticket for hit and run if the accident occurred in a parking lot?

No injuries reported and the other vehicle was unattended.

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 4, 2020

No, the police don't issue tickets for accidents on private property. Most police departments won't even do a report.

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Libel & Slander for Louisiana on
Q: My son has been kidnapped by his grandparents and they refuse to return him to me. What should I do?

xxx was my attorney during my custody case a few years back. Prior to the Corona breakout, my son was punished at home for refusing to do his chores, and went to school saying he wanted to kill himself, counselors had him admitted to Brentwood. There, he accused me of abuse. DCFS began an... Read more »

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

Call your local police department or sheriff's office for assistance in having your son returned. They can assist you in pressing charges also if you wish to do so. Also, contact a family law attorney to further dvise you of your options.

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2 Answers | Asked in Adoption and Child Custody for Louisiana on
Q: My daughter is 15 years old currently lives with me. I am on her birth certificate. How do I get full custody as a dad?

She lived with her mom until about 2 months ago. Her mom does not want to be responsible for her any longer and wants off of her birth certificate. Her mom also wants my wife and me to adopt her. As her father, I do not see why I would adopt my own child. Her mom states that if I do not adopt her... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jul 24, 2020

While you would not have to adopt her, you and her mother would have to consent to your wife adopting. An intrafamily adoption is a fairly simple and affordable process. An attorney that handles adoptions can fill you in on the process and costs.

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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 »

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