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Questions Answered by Douglas Lee Bryan
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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2 Answers | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Can my son's stepfather get legal parental rights since my son's biological father passed away recently?

My son is 14. His bio father died recently. What can I do so that my husband can have legal parental rights without changing my son's last name or his Birth Certificate?

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

You can do a Voluntary Transfer of Custody giving him joint custody with you. An attorney can help you with this, and it should not be very expensive.

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1 Answer | Asked in Estate Planning for Louisiana on
Q: How can I get a copy of my dads will because my 1/2 sister will not give anyone a copy and she will not file it

Unfortunately she connived my dad because he felt sorry for her and she took him and my mom her mother to get a will made up sneakily years ago and I just found this out but she won’t give me a copy. My dad raised her and 3 more kids my mother had by 3 different men while she was married to my... Read more »

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

Yes, anyone having a potential interest in his estate can open the succession and force her to produce the will, if one exists. Speak with an estate/successions lawyer.

1 Answer | Asked in Probate for Louisiana on
Q: I need help executing a succession in Louisana

My brother and niece didn't sign the succession, because they wanted to contest the will, however I'm the executor, my niece and brother took what they wanted, and has caused me financial hardship because of not signing the succession. I paid my attorney the full amount, but yet she fired... Read more »

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

You should consult with another attorney immediately. He or she can discuss your best option to finish the succession. Your siblings don't have to sign to conclude matters, although it helps. If your new lawyer feels your previous lawyer overcharged for the work performed, he/she can give... Read more »

2 Answers | Asked in Child Support for Louisiana on
Q: What is the statute of limitations regarding suing for back child support in Louisiana? My daughter is 17.

Her father hasn't paid for insurance or any set amount of support since 2010. My job and income have fluctuated over the last 10 years. Her father's job has been the same, but with earnings increases, bonuses, etc.

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

The statute of limitations is ten years. Speak with an attorney right away.

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2 Answers | Asked in Child Custody for Louisiana on
Q: If parents have joint custody can just one parent give someone else provisional custody or do both have to agree to it?
Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 1, 2020

If you're not in agreement with the person your child is with, you should speak with a custody attorney immediately about filing for domiciliary custody of your child.

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2 Answers | Asked in Estate Planning for Louisiana on
Q: My father died and my brother took his truck and title and is trying to get it put in his name without my consent

He has 3 children and didn’t have a will. I was also one of the beneficiaries

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

He will have to provide the State with an Affidavit of Death & Heirship. He can't legally change the title without all of your siblings' signatures. You should speak with a succession attorney to help. An estate may need to be opened on your father, even if your father had no will.

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2 Answers | Asked in Child Support for Louisiana on
Q: I have been paying the same support for 12 years

If mother request a increase can she get it even though I have been married and have other kids to support?

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

Child support is based on your income and the other parent's income. Children you've had since the last child support order don't affect the guidelines, but the judge can take them and other factors into consideration in determining if he/she should deviate from the what the... Read more »

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2 Answers | Asked in Medical Malpractice for Louisiana on
Q: My brother had colon cancer surgery on last week. He did good until 2 days ago. They did not mark the arear they guess.

So they need to go back in. They had plan to do surgery today. But he needed blood he has bed sores. He has blood clots now. He is in a hospital in Grand Rapids Michigan I am in Louisiana. The doctor informed his care person what they have done. Is this medical malpractice?

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 29, 2020

You would need to consult with an attorney licensed in Michigan and familiar with malpractice laws in that state. Malpractice laws vary from state to state.

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2 Answers | Asked in Child Support for Louisiana on
Q: Won money at casino but in arrears. They took it for child support but it never made it to child support.What 2 do?

5 months ago...Horseshoe Casino

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 21, 2020

If the state doesn't provide you with an accounting of where the funds went, you can file a rule for them to provide an accounting and/or credit your arrearage.

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2 Answers | Asked in Child Custody for Louisiana on
Q: How is joint custody dertemined?

In Louisiana would a judge grant joint custody of a school age Child if the parents live in two separate parishes?

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

Joint custody is presumed to be in the child's best interest, so yes. It simply means that both parents have equal parental rights and access to medical and school records. In a typical joint custody scenario, the child lives with one parent and the other has weekend visitation. The parent... Read more »

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2 Answers | Asked in Child Support for Louisiana on
Q: Is a fathers child support obligation decreased if he voluntarily takes a pay cut?

To be home more (he worked offshore now moving to the office) after paying the same amount for 6 years?

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

If the court determines he's voluntarily underemployed, then he can't use his pay cut to get a decrease in support. The court would look at what he has the ability to earn.

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3 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Should I know my inheritance before being asked to donate it to my stepmother?

My stepmother informed my siblings and myself about our father's will. We have contacted her because we live in Texas and wanted to know more information about it. She refused to speak to us about the matter. Each one of us has recieved a letter from an attorney asking us to donate our share... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 18, 2020

Don't sign a thing without obtaining a copy of the will and consulting with a Louisiana attorney who handles succession matters.

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