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Louisiana Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Louisiana on
Q: How old does a child have to be to decide who he wants to live with (mom or dad) My son will be 16 soon..
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 2, 2020

A child cannot decide who he wants to live with until he is 18. However beginning at age 12 the child's preference is one factor to be considered.

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: Looking for options on what to do about my children's Father.

My children's dad was permitted every other weekend visitation with me being present. We are suppose to meet at an agreed upon place for him to see them. He was also ordered 200 cs each month. Since this order in September '19 he has seen them at most 10 times since. He has also only... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2020

You can hire an attorney to hold him. In contempt for both child support and the visitation.

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: Can a parent move states with the child without the other parent consent
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 27, 2020

No must have consent of the other parent or the court.

1 Answer | Asked in Child Custody for Louisiana on
Q: the party assuming custody of the minor child(ren) shall be responsible for picking the child(ren) up at the commencemen

could you elaborate for me?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 27, 2020

For instance, if the kids live with you, and the other parent has alternate weekend visitation, then the other parent has to pick them up from your house and you have to pick them up from the other parents house.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: what type of form do i need for the father of my minor child to give up his rights

the father of my 1 year old son wants to give up his rights to our child

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 25, 2020

He can't give up his rights unless your husband is adopting. He's not giving away a puppy.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Who should get the stimulas check for children of one parent gave up all custody rights but claimed them in 2019?

The custody agreement between my children's mother and I was i get sole custody of our 3 children and she would not have to pay child support if she relinquished her rights to claim them on income tax, or use them for any kind of assistamces and herself from anything that could financially... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 24, 2020

If you owed arrears, she still gets stimulus check. If not, you should get check.

1 Answer | Asked in Child Custody for Louisiana on
Q: if there is no custody agreement can your spouse keep kids away

Getting a divorce and husband is keeping kids away from me no agreement of custody has been made

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 24, 2020

If he is denying you custody & visitation, hire an attorney to seek a judgment and schedule.

1 Answer | Asked in Child Custody for Louisiana on
Q: Can i get custody of my niece and nephew ages 16&17?

They currently reside with their father. Neither of the children want to live with him. I just need to know if I have rights to get them.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 24, 2020

You may have grounds to change custody. Discuss this with a custody lawyer.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: I have decided that I am taking my sons father to court for custody. I wanted to know will he get in trouble when the

judge see’s that i was 16 when i was pregnant & had our son at the age 17 & he was 19 now 20. What will most likely happen in court?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 22, 2020

Support Enforcement is a division of the district attorney's office but I don't know it they will refer the case to the misdemeanor division. If you want them to, then mention it to them.

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... View More

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

His attorney can either seek to amend the custody judgment by agreement or hold the other parent in contempt.

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1 Answer | Asked in Child Custody for Louisiana on
Q: I live in Louisiana. My child’s father lives in Arkansas. I have child custody papers that my child goes to her dads evr

Every other weekend. During the state at home order due to virus so do I legally have to send her to her dads when it his weekend? I live in ouachita parish

. He lives in union county.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 18, 2020

At this time the circuits are split in Louisiana. In which parish do you live?

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: My son father is taking our son from my home where he lives during this stay at homeorder even when I say no what to do

We have no court order about custody and he is on his birth certificate so I pretty much feel like I can’t say no but he won’t listen. When I decide to take him to court can I use the fact that he won’t listen when I say no for our own childs health to stay home against him in court?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 17, 2020

Hire a custody lawyer. But different parishes in Louisiana are ruling differently on custody during Shelter-at-Home Order.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: How can I remove my son's father from birth certificate?

I took him to court. We have shared custody and he is ordered to pay child support. However, he decided to move out of state upon papers being served of custody/support in February 2018. Since the date of judgment, he has only made 2.5 payments and has seen him a total of 2.5 hours in person. He... View More

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

You can only remove him from birth certificate if:

1) he fails to pay child support and fails to contact his child for 6 months AND

2) your subsequent spouse wants to adopt.

Hire an adoption lawyer.

But you can still designate a Guardian in your will. Contact an estate planning attorney.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What are Louisiana's laws on rights for a non-biological parent?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 4, 2020

You need to ask a more specific question. Are you an adoptive parent or a step-parent?

1 Answer | Asked in Child Custody for Louisiana on
Q: My exhusband is keeping my kids from me. I was granted sole physical custody in our divorce. How can I get them back?

My divorce was granted in Alabama, I now live in Florida, and my ex lives in Louisiana. I went to the sheriff's department and they said they were unable to help without a warrant. How do I obtain one?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 1, 2020

You now have a multi-state problem. I recommend you take the following steps, in order:

1) If the Custody Judgment was from AL, get a certified copy of that Judgment from the Clerk of Court in whatever county granted it,

2) Get a FL lawyer to file a Petition to Recognize a Foreign...
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1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: My son’s father is threatenin me wit sole custody of our son and refusin me to have unsupervised visits wit our son.

What do I do?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 24, 2020

Hire a custody lawyer to seek shared custody or visitation

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.

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

File a report and hire a custody lawyer to file contempt

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1 Answer | Asked in Child Custody for Louisiana on
Q: My daughter was born without my knowledge and was signed over to the grandparents without my consent... Is that legal?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 22, 2020

Hire a custody lawyer and you can contest that and seek custody or visitation.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Louisiana on
Q: I have a 17 year old sister in Louisiana who feels unsafe at home ,has tried to commit suicide twice. can she move .

her dad don't want her to move and she has been wanting to move with me to Texas I fear for her safety.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 22, 2020

She can't move until she is 18 or you can be criminally charged. Call 911 if she is in danger.

1 Answer | Asked in Child Custody for Louisiana on
Q: If I have temporary custody of a child can her birth mother take her with all of her rights being revoked?

The grandmother who has legal guardianship bc the childs mother was in jail became terminally ill and asked me to take the child in. We got a notary to come and sign papers saying I have temp custody of the child. It states provisional custody on the documents.

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

If the Guardianship was issued by a Juvenile Court Judge then the mother has no custodial rights. However if your temporary custody from the grandmother was a Custody by Mandate, then it expires after one year. You need to have a custody lawyer review both the Guardianship and temporary custody... View More

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