Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Ellen Cronin Badeaux
1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can I get my ex’s parental rights taking??

My ex hasn’t seen our kids in over a year and he doesn’t call or anything. When he would call he would lie to them all the time about coming get them. There was one time I let them go with him and my daughter called me at midnight telling me that he didn’t want to feed them. Is there any way... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 3, 2021

Unless you have subsequently married and your spouse wants to adopt, no you can't get his parental rights terminated.

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Louisiana on
Q: Is the LA DMV just in placing a block on my license because an unauthorized driver was caught driving my stored vehicle.

DMV keeps telling me under the liability compulsory laws I am expected to have insurance even if my vehicle is in storage. But isn't that if vehicle was involved in an accident?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 3, 2021

No unless wheels removed and up on blocks (immobilized) you must have insurance. If unauthorized driver was ticketed for a moving violation, you will also have your license suspended until you sell the car or you get insurance.

1 Answer | Asked in Criminal Law and Civil Rights for Louisiana on
Q: What are my options to deal with a person breaking into my car to steal things at night?

I was recently robbed for $1,000+ from my vehicle on my property. It's become a more prevalent issue where I am in Houma in the recent months. In the future if this is in the process of happening again, what can I do to apprehend/stop the individual and ensure they see justice? I would prefer... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 3, 2021

Call 911. Put up exterior cameras. Don't keep property in your car. Install exterior lights.

1 Answer | Asked in Family Law and Tax Law for Louisiana on
Q: If the non custodial parent owes in arrears, are they able to claim the child as a dependent on their taxes?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 3, 2021

No. The tax dependency exemption is not available to a parent in arrears in child support.

1 Answer | Asked in Criminal Law for Louisiana on
Q: If you have a warrant for your arrest and you speak to a police officer. Is it ok for him to lie to you to tell you to

Go to the Substation to give your side of the story, never tells you there is a warrant over the phone

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 3, 2021

Yes it is not a violation of your rights for an officer to lie to you.

1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: Louisiana 50/50 custody agreement with child support listed on court documents to end on 18th birthday.

Child will graduate 6 months after 18th birthday. Do I have to pay until graduation? We have a agreed upon end date of the 18th birthday listed on the signed court documents.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 2, 2021

You have to pay until graduation, if still shy of 19th birthday. Parents cannot abridge the rights of the child to receive support under statute.

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: unathorised driver caught driving with no insurance. Does the DMV have the right to block my license for no insurance

The law says I am not responsible for an unauthorized driver but DMV insist that I'm responsible for it not having insurance

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 1, 2021

Your attorney can file an action with an administrative law court.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can I get a restraining order for cyberstalking?

A girl I use to communicate with is stalking me and my wife while telling false narratives about an encounter that never happened.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 1, 2021

Yes you can get a protective order

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: If i closed a chidsupport case how soon after closing kids medicaid can i reapply in louisiana for their medicaid
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 1, 2021

You can apply for medicaid immediately.

1 Answer | Asked in Child Support and Constitutional Law for Louisiana on
Q: What form do I file and how do I obtain it to get child support off my little brother if he terminated his rights.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 1, 2021

He can't terminates his rights and there is no form. Hire a child support lawyer.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: My son lives in Louisiana he is almost 2 I live In Tennessee is there a way I can get emergency custody or immediate?

My sons mother has blocked me and doesn’t talk to me. She has moved out of the state with her bf and left my son in the care of her grandmother the police don’t want to do anything for me to help. saying it’s a civil matter what can I do to gain custody of my son without having to go to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 28, 2021

You have to hire a custody lawyer and attend court by Zoom.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Looking for laywer to help get custody of my 16 year old little cousin.

A miscommunication with his grandmother that he hasn't seen in 16 years only twice and now she's starting to say she come take him because he lives with me and his pawpaw off and on and she has in her head that Im completely lying and she's not happy about that for some reason and... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 28, 2021

You and Paw Paw need a custody lawyer.

1 Answer | Asked in Family Law for Louisiana on
Q: Is my stepsister legally able to change my deceased father's bank account to her name,stepsister has interdiction o mom?

My dads will left only usufruct to his wife

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 28, 2021

Hire a successions attorney immediately.

1 Answer | Asked in Tax Law and Child Custody for Louisiana on
Q: Nov 2019, I was awarded custody of my daughter, with liberal visitation for the mother. Child lived the whole year with

me, and only went one day to her mothers in 2020. Upon filing with turbo tax, it was determined that because of the court order I would be able to file HOH and qualify for the EIC and the mother gets to claim as a dependent. Mother isn’t happy with just the dependent. In an email with her lawyer,... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 27, 2021

If you were domiciliary parent, then you get the dependency deduction unless a judgment says otherwise.

1 Answer | Asked in Family Law for Louisiana on
Q: Can a non custodial parent claim child on their taxes until they’re 24 years old if they are paying for healthcare?

Child is in college full time, 19 years old and works a job. She is trying to claim herself on her own taxes for money for tuition.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 27, 2021

Child can claim herself if she makes more than $600/yr.

1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: Can child support continue for a child that is 19 and on college full time. Support no longer received after high school

Don’t want to go that route but other parent is being extremely difficult

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 27, 2021

On going child support ends at 18 or high school graduation, whichever comes last but not later than 19th birthday. However, arrears still due for 10 years.

1 Answer | Asked in Criminal Law for Louisiana on
Q: I have a citation for walmart theft of $31 can i keep this for being on my record or throw out cause of my first
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 26, 2021

Pay restitution and ask for diversion and expungement

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: how do i file a petition to terminate parental rights ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 26, 2021

You consult with a family law attorney to find out if you have legal grounds first, before you spend money on filing and service fees and get sanctioned.

1 Answer | Asked in Criminal Law for Louisiana on
Q: wife filed a false police report she wants to have it done away with but is scared she'll go to jail. True in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 25, 2021

She can fill out a drop charge form with the D.A.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: In louisiana, can the DA enhance past wreckless driving to DWI? The arrest was DWI but reduced to wreckless driving.

Had DWI (1st) then was arrested for new DWI (2nd). Charges at arrest include 2 enhanced reckless driving (3rd/4th) to make a felony. one week ago. Can they do this with 2 previously settled charges (non DWI)?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 25, 2021

The charges are always enhanceable until you plead.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.