I did not sign the waiver for the uncontested divorce in Louisiana because our written and signed custody agreement was not included in the petition. If I understand correctly, I will now be served the papers and I want to file an answer but I am not sure if I need to file the answer now or wait... Read more »
After you are served, take the petition to an attorney who will discuss the procedure and what steps should be taken to protect your rights.
Rights to my child. I want to change her last name and they are saying I can't because he still has rights for some odd reason
The other parent continues to have rights unless and until a court terminates those rights. Generally that will only happen if the state files to terminate his rights or if the child is being adopted, such as by your spouse.
Where can I find this document? Or what is it?
I'm assuming what you're talking about is a "PD" or a preliminary default. Once the defendant's delays for filing an answer or other responsive pleadings have passed, you have to file a preliminary default before confirming the default and taking a judgment.
My mom and her husband had Wills made up in 1992, my mom was diagnosed with Alzheimer's in 2012. Her husband tried to change the Will after a family argument. Now they have both passed within 3 months of each other. Her lawyer won't give me a copy of her WILL because of conflict of interest. The... Read more »
The burden of proving that your mother lacked the mental capacity to know what she was signing would fall on you. You need an attorney who is familiar with this area or law to help you. The sooner you contest the will, the better.
I've just learned of this revised statute. He had supervised visits for 2 years as he was in and out of jail first tears of his daughter's life. A positive drug test by Mother who very obviously did great job raising an exceptional child and blatant lies with NO proof, brought on by disgruntled,... Read more »
If you believe your granddaughter is not in a stable environment, you need to discuss the issue with a custody lawyer as soon as possible.
Filed a restraining order. The original order has already restrained her until trial.
She is denying me custody. We have a 7/7 joint custody. Nearly everything she listed is on the interrogations from the original trial and my facts stuck and hers were tossed and she lost. Now we have... Read more »
You need to discuss these issues with your custody lawyer. Also, this panel is for Louisiana, not MS.
Are there specific wording and or a correct document or format that should be used when preparing and having a power of attorney notarized in the state of Louisiana.
Specifically it needs to be used in possibly getting a mobile home loan with the title which is in my mother’s name as... Read more »
I would recommend having the power of attorney drafted by a professional to ensure that it is in the correct form. It would need to be filed with the clerk of court for a bank to accept it, as they will require a certified copy of the POA.
No, an affidavit is not required. Whether the parties have reconciled is a matter for the judge to decide if the parties aren't in agreement.
We was married 11 years living apart 9 months he told yesterday I have a rude awakening because he filed for our oldest dog ESA bc he thought I would hold her against which haven’t and do plan on can he does this to me ??
Dogs are property, just like any other property. If the dog was acquired during your marriage, it's considered community property, and you both have equal rights to the dog.
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.
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.
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.
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 »
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.
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.
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."
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 »
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.
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.
A person's date of birth isn't required to be on a will; therefore, it being incorrect wouldn't affect it's validity.
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