Questions Answered by Ellen Cronin Badeaux

Q: Time sensitive: How to go about filing a motion to appeal parental rights? Lost parental rights on 9-18 has 30 days.

2 Answers | Asked in Appeals / Appellate Law, Family Law and Child Custody for Louisiana on
Answered on Sep 21, 2018
Ellen Cronin Badeaux's answer
You can file a Motion for New Trial in 7 days or an Appeal within 30 days. You need an appellate lawyer with juvenile court experience...very quickly.

Q: My son's mother has been and lived with her boyfriend since 2013. Can his income be used for child support purposes?

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Answered on Sep 20, 2018
Ellen Cronin Badeaux's answer
Judges only count overnights. No, boyfriend's income irrelevant to child support.

Q: My son is being taken from mom by the state and they want me to have him, but I have a warrant for child support for him

2 Answers | Asked in Child Custody, Child Support and Family Law for Louisiana on
Answered on Sep 20, 2018
Ellen Cronin Badeaux's answer
Go get a loan quickly and claim your son or your kid may go to foster care.

Q: Where do I go to report a public official using his office and power of position to interfere in divorce proceedings?

2 Answers | Asked in Divorce for Louisiana on
Answered on Sep 20, 2018
Ellen Cronin Badeaux's answer
Impossible to tel which came first the divorce or the succession. If not divorced at time of death, then still married and there is no divorce. You need a succession attorney

Q: If there is doubt I am the biological father, but have already signed a birth certificate, do I still pay child support?

1 Answer | Asked in Family Law for Louisiana on
Answered on Sep 19, 2018
Ellen Cronin Badeaux's answer
If you have any doubt about paternity, hire an attorney to file a disavowal. If not, pull out the checkbook

Q: In Louisiana can u file for custody before divorce I have 2 toddlers & need something in writing so he can’t keeo my kid

1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on
Answered on Sep 19, 2018
Ellen Cronin Badeaux's answer
You need a divorce attorney to file for both custody and divorce. Louisiana only has ex parte custody in emergency situations (substance abuse, neglect, physical abuse, etc) because parents have equal rights.

Q: My husband committed adultry and I have text messages of him admitting it. He also is incarcerated and I want a divorce.

1 Answer | Asked in Divorce for Louisiana on
Answered on Sep 17, 2018
Ellen Cronin Badeaux's answer
A divorce lawyer can get you a divorce in 45 days for either adultery or conviction of a felony.

Q: Adoption in Louisiana

2 Answers | Asked in Adoption and Family Law for Louisiana on
Answered on Sep 16, 2018
Ellen Cronin Badeaux's answer
You have to do both, termination and adoption.

Q: My ex choked me. I have a TRO and we go to court on the 25th. There were no witnesses and I didn't go to the hospital.

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on Sep 16, 2018
Ellen Cronin Badeaux's answer
Yes you need a lawyer. I hope you have photos or a police report.

Q: Can the custodial parent demand that the non custodial parent not have visitors at their home after a certain time?

1 Answer | Asked in Child Custody for Louisiana on
Answered on Sep 15, 2018
Ellen Cronin Badeaux's answer
1) Is this your ex husband or just your child's father?

2) Are you involved in a committed relationship of more than 6 mos?

3) Does the new flame have a criminal record or is married?

Then I can answer your question.

Q: can someone take my cats when I'm out of town and abandon them at a trash dump?

1 Answer | Asked in Animal / Dog Law for Louisiana on
Answered on Sep 15, 2018
Ellen Cronin Badeaux's answer
You can't leave your pets in someone else's home if they don't want them there. You need to come home immediately and take the 6 felines to the Humane Society since you currently can't care for them. By law you can only have 5 cats in a home. Cats need to be neutered and given shots annually.

Q: Can someone give my 2 adult cats and four kittens away when I'm out of state? They have food, water, etc

1 Answer | Asked in Animal / Dog Law for Louisiana on
Answered on Sep 15, 2018
Ellen Cronin Badeaux's answer
Yes someone can take them to the Humane Society for neglect. Cats need fresh water and food DAILY not weekly. They also need their litter cleaned/changed weekly and shots annually.

Q: What Do I need to do to keep custody of daughter that I feel had been coersed into saying her brothers molested her?

1 Answer | Asked in Child Custody for Louisiana on
Answered on Sep 15, 2018
Ellen Cronin Badeaux's answer
Your question does not make it clear which kids are by which father. Take your daughter to a psychologist to try to get to the bottom of it.

Q: Ex in contempt of court for child spprt arrears. I have a lawyer who’s done nothing. What to do to get support current?

1 Answer | Asked in Child Support for Louisiana on
Answered on Sep 15, 2018
Ellen Cronin Badeaux's answer
Hire a new attorney if you are dissatisfied with your current lawyer.

Q: I filed for divorce against my husband for provable adultery. Can I now date someone else?

2 Answers | Asked in Divorce and Family Law for Louisiana on
Answered on Sep 14, 2018
Ellen Cronin Badeaux's answer
Yes. As long as you finalize the divorce you are home free. I disagree with Mr. Bryan.

Q: My son is 16 will he lose his Medicaid if I drop the child support case.

2 Answers | Asked in Child Support and Health Care Law for Louisiana on
Answered on Sep 12, 2018
Ellen Cronin Badeaux's answer
If you went through Support Enforcement, the state will continue to go after medical coverage.

Q: Child is adopted, 18, and graduated high school. The mother went through Dcfs for child support. Is it mandatory to pay

2 Answers | Asked in Child Support for Louisiana on
Answered on Sep 12, 2018
Ellen Cronin Badeaux's answer
They can go back 10 years on child support. If she/and the state didn't waive arrears, then you are still on the hook. You and your wife need a post-nuptial agreement to protect your wife from your ex seizing her tax refunds.

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.