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Louisiana Child Custody Questions & Answers
2 Answers | Asked in Child Custody for Louisiana on
Q: Domicile parent, 7/7, custody. Can I move 75 miles away and will can that force the court to change visitation to wkds?

I want to move 95 miles away but am being told I more than likely won't get granted that, so even if I do not get granted that I plan to move 75 miles away. My issue is will the court change the custody from 7/7 to every other weekend for the non custodial parent? Nothing has been set in... View More

Stephen Rue
PREMIUM
Stephen Rue
answered on Jul 13, 2020

You must comply with the state’s relocation statute.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Can I (legally) move out at 17?

I'm 17 years old and cant stand my father or his girlfriends toxic behavior. It is seriously deteriorating my mental health and i really want to move out already. I dont turn 18 until next May and just want to know if I will be held legally accountable if I leave, since i know he wont consent... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 13, 2020

No you are a minor.

1 Answer | Asked in Child Custody for Louisiana on
Q: Im 16, and i want to move out, can i?

Home issues are happening and im tired of being dictated by my parents for anything i do, is there a way i can move out?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 12, 2020

Absolutely not. You are a minor and your parents are completely within their rights to dictate your actions and liberties because they are also completely responsible for your actions and poor decisions. Try to graduate from high school with the highest grades possible and begin trade school or... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: If both parents move away from the Parish in which custody arrangements were first ordered, do they relocate the case?

I currently reside in Jefferson Parish and my ex, in St. Tammany. My child told me his dad is buying a home in Metairie or New Orleans soon, so I wonder, will St. Tammany court lose jurisdiction?

Stephen Rue
PREMIUM
Stephen Rue
answered on Jul 11, 2020

To a degree it depends on the prior judgment, who is designated the primary domiciliary patent and whether the relocation was agreed to. See a lawyer.

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2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: I feel like my attorney is not trying to represent me very well and I am do for court on Tuesday. Can I hire another .

I am domicile parent of my 11 year old son. My ex-husband is behind on child support and is now remarried. The two of them are all the sudden taking me to court 7/14/2020 to try and gain custody of my son. My son gets extreme anxiety when it gets closure to his dad's week and I have yet to get... View More

Stephen Rue
PREMIUM
Stephen Rue
answered on Jul 11, 2020

You should Candidly talk to your attorney about how you feel. You could always hire another attorney but an attorney ref net needs time to know your case and prepare.

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1 Answer | Asked in Child Custody and Federal Crimes for Louisiana on
Q: What happens if I'm the domiciliary parent and the non domiciliary parent won't return child?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 9, 2020

Hire a custody attorney to file contempt and for a civil warrant.

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: During exparte do I have rights to see my son every 15 days? Also the 30 day hearing rule, what if it's set for 31?
Stephen Rue
PREMIUM
Stephen Rue
answered on Jul 7, 2020

Article 3945 allows one to seek an ex parte emergency custody which is temporary subject to a heating within 15 days if the temporary custody request is granted.

Stephen Rue

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1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: If a grandparent of the custodial parent files for child support in Louisiana and claims state benefits because the cust

Child support is being paid but custodial grand parent Moves out of state where noncustodial parent do not know where the child is

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 9, 2020

You need to hire a private investigator QUICKLY.

2 Answers | Asked in Child Custody for Louisiana on
Q: Is a domiciliary parent required? Also, if awarded domiciliary, can the parent move out of state?
Stephen Rue
PREMIUM
Stephen Rue
answered on Jul 1, 2020

Primary domicillary patent is not required but preferred not does not eliminate the requirement of complying with the state and federal relaxation laws

Stephen Rue

StephenRue.com

(504)443-2400

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1 Answer | Asked in Child Custody for Louisiana on
Q: Can I legally get and keep my daughter if mother allows me to see her?

There is no custody agreement. I haven’t seen my daughter in over a year but if I can convince my ex wife to let me get my daughter for a few hours what can my ex wife do legally if I don’t bring our daughter back to her?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 26, 2020

She can't do anything to you. You should file for custody while you have her.

2 Answers | Asked in Child Custody and Family Law for Louisiana on
Q: Moving child out of state?

If there is no written custody agreement between the father and I what steps do I need to take to legally move out of state with the child given that the other parent is fine with it? He pays child support and we have never had an issue remaining civil when it came to moving within the state or... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 23, 2020

Have your attorney prepare a Notice and Consent Judgment. Then start packing.

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2 Answers | Asked in Child Custody for Louisiana on
Q: Can child support overrule what the judgement was in court

We have joint custody in which she owed 26,000 in back pay and the judge said that is to be used as credit to any child support she gets from me

Stephen Rue
PREMIUM
Stephen Rue
answered on Jun 21, 2020

Your question does not make sense as written. Do you mean can child support enforcement overrule a court? If so, you can object and ask for a hearing. Get a lawyer

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1 Answer | Asked in Child Custody, Child Support and Tax Law for Louisiana on
Q: If judgements don’t say anything about claiming kids for taxes can I claim them every year she is in arrears on support?

Have joint custody with me as custodial parent. Also have a child support judgement. She is in arrears do I have to let her claim a kid for tax purposes? Her child support is only been paid once by her taxes and once by stimulus check. Never by her or her job.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 20, 2020

Claim both kids and hire a child support lawyer to file for a wage garnishment.

1 Answer | Asked in Child Custody for Louisiana on
Q: What us custody by mandate?

I want to move and bring my daughter with me but don't want to get arrested for kidnapping because my sister told me she can't move with me.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 9, 2020

Temporary one year custody.

1 Answer | Asked in Child Custody for Louisiana on
Q: Signed papers with a lawyer giving my sister temporary custody of my daughter. When do I get full custody back from her?

I went to jail and they didn't want her dad to get out of jail and try to take her. This was signed 2 or 3 years ago. I want to move and bring my daughter with me but don't want to get arrested for kidnapping because my sister told me she can't move with me.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 9, 2020

You need a custody lawyer to get her back unless it was a custody by mandate. If it is, then it was only good for one year and you can revoke it.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: How do I go about get DNA done on a child that Is mine but the mother trying to put some other guy name on the birth ce
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 9, 2020

Hire a family lawyer to file for paternity.

1 Answer | Asked in Child Custody for Louisiana on
Q: Wondering about custody... we have what is considered “joint”

So custody was decided when she was little and he lives an hour away. She goes every other weekend, and now that she’s in high school she doesn’t want to continue doing that, as her whole life, social life, etc is with me. Isn’t the other parent supposed to be understanding and accommodating... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 8, 2020

Hire a custody lawyer to modify custody. She has some say but not the final say.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: My ex-wife is domiciliary parent, and she was just arrested on drug charges.

My lawyer advised to contact Louisiana Child protective services to get sole custody. How involved will they get? I would rather stay way from CPS if at all possible, I don't want to get wrapped up in that red tape

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 4, 2020

Completely agree with your instinct. Do NOT call CPS. Hire a custody lawyer to file for Ex Parte Custody immediately.

1 Answer | Asked in Child Custody for Louisiana on
Q: What can happen if the custodial parent doesnt make 14 year old visit the other parent who has joint custody?

Should the father take action or allow the 14 year old to make his own decision to not honor custody agreement? The child doesn't want to visit because he doesnt like that their are time limits on video games and he is expected to do chores.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 4, 2020

Domiciliary parent can be held in contempt.

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... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 3, 2020

You can not be available early or be out of town for the weekend and drop your son off or your attorney can hold him in contempt and seek attorney fees and court costs for any additional daycare or baby sitters his absence costs you.

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