Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Louisiana Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can my rights be taken away without me knowing?

My children’s father has had them the last 2 years. He never brought them back from a summer visit. I live in Texas and he lives in Louisiana. We had child support court where the judge ruled for them to stay with him while in school ( he enrolled them in school) until we went back to court. They... View More

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

Hire an attorney in his parish in louisiana requesting joint custody and visitation.

1 Answer | Asked in Child Custody for Louisiana on
Q: if mother doesn’t agree & she has full custody is there a way the father can claim the children on taxes

Is there something he can file since he pays child support

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 19, 2020

Not without a judgment giving him the tax dependency exemption.

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.

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Can I do anything legally to my ex for calling ocs because I filled for custody and support?

My ex called ocs on me for neglect because he knows I have filled for custody and support so he is trying to make me look like a bad parent. Can I do anything?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 15, 2020

Yes, hire a family law attorney to represent you in both family and juvenile court and who can seek to stick him with attorney fees & court costs.

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... View More

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

I cant tell from your question if your case is in juvenile court or family court. You need a consultation with an attorney to provide more information.

View More Answers

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?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 10, 2020

You can enter a Cinsent Judgment splitting custody with him. Hire a custody lawyer or mediator.

View More Answers

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Do u have to go in front of a judge to sign custody over to a family member? Is there a way to get copies of agreement?

Had my son when I was young! As stupid as it sounds, I was tricked into signing custody over too my aunt (shes who raised me). I was told that the papers I was signing was for something else . My fault for not reading them , but I would of never imagined her doing something so cruel to me. When the... View More

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

You can hire an attorney to change custody and get copies of whatever you signed.

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Louisiana on
Q: How can I get my parental rights back if they were taken?

My son mother put him up for adoption while I was incarcerated without me knowing and my consent. By time I got any letter or documents it was a few days before the hearing and I couldn’t get a lawyer or anything. I showed up to court and they took away my parental rights and said when I got out... View More

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

You need a consultation with an adoption lawyer. Some of this depends on when this happened.

1 Answer | Asked in Child Custody for Louisiana on
Q: Ok I just need to know what to do my daughter was doing some bad stuff about 9 months ago but she has been clean for 7

Months now and she has a son who lives with her step sister she told her to take care of him while she got her life together well she's done that when this happened her sister type up a paper saying that my daughter was giving her temporary custody of her son and took it to a bank to have it... View More

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

Your daughter needs a custody lawyer and bring the paper with her to the appointment.

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: Does my ex’s wife have to be included in our messages?

I’m not a bitter ex. I am happily married. But my ex will only respond in a group message and usually it’s his wife responding. Not him. Can I make it where he has to communicate with me only?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 5, 2020

No non-parents should be involved in the communication.

1 Answer | Asked in Child Custody for Louisiana on
Q: Mom has full custody. Does dad have to tell her where he is moving.

Dad is moving in with new girlfriend and their baby. He currently gets daughter one day a week.

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

If the daughter stays overnight, then yes addresses must be exchanged by the parties.

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?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 29, 2020

If parents have joint custody, both have to sign off on Provisional Custody.

View More Answers

1 Answer | Asked in Child Custody for Louisiana on
Q: Separated for 5 years lived apart in this time . Is my wife entitled to child support ? We are doing our divorce now
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 23, 2020

If you have children under 18 and they live with her, yes she can get child support.

1 Answer | Asked in Child Custody for Louisiana on
Q: Is there any way i can keep my child with me until a new custody order is sought out?

.,.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 21, 2020

It will probably take more than that for a lawyer. Take pictures surreptitiously.

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?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 19, 2020

If too far away to commute, no. If close to each other, yes.

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: Daughter father lawyer up

My daughter father didn’t agree on amount when went to child support court so he asked for a lawyer and the date pushed back. Can a lawyer stop him from paying child support? Or lower his portion? I can’t afford a lawyer so what shall I do?

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

You have a lawyer if you are going through support enforcement.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: I have a little girl and her daddy is not on birth certificate but recently we went to child support office

And did dna test of course it came back she was definitely his. But I have a dr appt today and his mother was going to keep her is there anyway they could keep me from getting her back?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 11, 2020

If you don't have a custody judgment, then yes. She doesn't have to return your child. Hire a custody lawyer Nd file for cuatody.

1 Answer | Asked in Child Custody for Louisiana on
Q: Why would we both need to adopt if the child is already biologically hers? She is the birth mother

See previous question

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 10, 2020

It's an Intra-Family Adoption. Actually it's you who adopts but she joins you in the Petition that she consents. It can ONLY be done while you are married.

1 Answer | Asked in Child Custody for Louisiana on
Q: How do I obtain custody and what type of custody do I file for?

I am a women who has been with my wife for 14 yrs and married to her for 4yrs. We share a daughter who is biologically hers but I have been the primary parent since she was 8 months and she is now 15yrs old. We are divorcing and the daughter wants to reside with me. My wife is ok with it as I have... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 10, 2020

Hire a custody lawyer. Before you divorce, the two of you could adopt then do a Consent Judgment for custody as part of your divorce.

1 Answer | Asked in Child Custody for Louisiana on
Q: can I get my daughter back from her grandmother if there’s no custody agreement in place ?

I let her stay with her grandmother until I could get myself together and now I want to get her back and she also wants to come back with me . Could I just take her ?

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

Absolutely. Just pick her up from school. But have a lawyer waiting in the wings because grandmother will file for emergency custody. Make sure you have a job, home and can pass a drug test.

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.