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Louisiana Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Louisiana on
Q: Is voice recording of a CPS interview inadmissible in Louisiana custody court if I did not ask for permission to record?

The children and I were visiting in Virginia when a CPS investigator called and held FaceTime interviews w/kids. Both states are one party consent. I decided to record it but did not ask her permission. 4mos later she closed the case against their father, who was the one being investigated for... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 18, 2021

This recording of your children could cause you to lose custody. If your kids have concerns, take them to a licensed counselor or psychologist who could testify.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can I be charged with abandonment for two weeks of not seeing my kids because they are being kept from me ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 16, 2021

You need a custody lawyer. Keep a calendar of every request for a visit, every response, every successful visit and every declined visit. Also keep a calendar of every phone call with your child, every declined phone visit and every declined phone visit.

2 Answers | Asked in Adoption, Child Custody and Child Support for Louisiana on
Q: Can I get my child's father's rights terminated and have my husband adopt her?

We have a custody agreement in place which he gets her every other weekend. But that's the only communication he has with her. He doesn't ask about her any other time he just gets her so we can stay out of court. He is on child support but doesn't pay any of it and is behind 15,000... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 8, 2021

Why haven't you gotten a private process server and served him with contempt?

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2 Answers | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: I am a custodial parent, but I shared custody with noncustodial. I have to pay noncustodial parent support. Why is that?

Custody where I'm domicile and primary caretaker, and it's 50/50.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 5, 2021

Based on your post you have a judgment and one would have to read the judgment to make final conclusions and statements, however my assumption is that it's based on your have shared custody and that the child(ren) are with each parent 50% of the time. That said, you should take a copy of the... View More

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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Louisiana on
Q: Is adoption easier after obligor charged with Deadbeat , abandonment in all regards? 3yrs, Past 5 do not count.

Child's father is my 2nd husband. Separated 8wks after birth. Divorced 7 months later(April 1st). Remarried 1st husband from a 15yr marriage with 2 children, 1brother(20) & 1sister(18). This is the child's family. Child's father's behavior would continue. He's who the... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 8, 2021

You may have grounds for your current husband to adopt. Contact an adoption attorney.

2 Answers | Asked in Child Custody for Louisiana on
Q: How long does someone have to be resident before being able to set up custody agreement.

My children were recently moved from one state to another and I want to establish a new custody order in their new state.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 19, 2021

You should seek the permission of the Court BEFORE you move.

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2 Answers | Asked in Child Custody for Louisiana on
Q: My underage son had a baby with a 20 year old girl. I want to get legal papers for custody so my son can see his child
Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 20, 2021

Hire a family/child custody attorney to file the paperwork. That said, also ask the attorneys you consult and/or hire about all issues of these type decisions so that you and your son are aware of everything.

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1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Open DCFS caseworker can’t tell me why my kids was taken what can I do?

I have a open DCFS case and I went to the clerks office to get my documents cause I have some questions still left unanswered. And my lawyer isn’t helping me with anything I can’t afford an attorney. There has been a lot of unprofessional foul play involved with this case

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 16, 2021

"My lawyer isn't helping me with anything. I can't afford an attorney."

This makes no sense.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: My sons biological father is in his life, but my ex boyfriend signed birth certificate. Can I have my ex removed.

My son is 19 months old. Long story short my ex boyfriend, who is NOT, his biological father wants to sue me for custody. But he hasn’t spoken to us in 6 months. My son’s biological father is present and helping me support and coparent my son. The signing of the birth certificate was a mistake... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 15, 2021

Your attorney can file to Disavow your ex and at the same time file for Paternity by the biological father.

1 Answer | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: I am trying to get my divorce but can't afford to at the moment my wife is in prison n and I want custody

I believe my child is being mental state of mind depressed that she can't come here . My wife n I bn separated 3 yrs

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 14, 2021

Call the Louisiana State Bar Association or the Bar Association in the parish you reside and ask if they have a list of attorneys who might be willing to provide you legal services at a reduced rate or pro bono.

1 Answer | Asked in Child Custody for Louisiana on
Q: Ex filed for full custody after i have been the primary caregiver even when we have lived in separate homes.

he lives with his grandmother rent free and she is 87 years old, doing all parenting duties even though it is stipulated for me to if he cant

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 14, 2021

You need a custody lawyer to build your case.

2 Answers | Asked in Child Custody for Louisiana on
Q: IF MARRIED MAN HAS CHILD WITH MISTRESS BUT STAYS WITH HIS WIFE, CAN THE MOTHER OF THE CHILD NOT ALLOW CHILD AROUND WIFE?

The mother of the child will ONLY allow the father to hang out with her and the child. She wants the visits at her home. she wants dinners and hours of fun activities with just the 3 of them. She won't let him pick up the child or do anything with her not being there bc she wants to make... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 11, 2021

He should consult with an attorney to protect and assert his paternal and custodial rights to the child. If he and the mother cannot agree on the terms of his custody and visitation, he should ask the court to do so. The mother alone does not have the final say.

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2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: If I am my son's legal father in louisiana, can his mother have me removed from the birth certificate?

His mother and I are not married, but have been living together since before he was born. He is now 7. We both signed the birth certificate and the AOP at the hospital. She now doesn't want me to be his father, but no one else will claim him. I want to be his dad. Can she make me prove it... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 28, 2021

If you're on the child's birth certificate, you're his father, whether she wants you to be or not. If she refuses to allow you to be in his life, you need to assert your rights in court. Consult with a family law attorney in the parish where she lives to discuss your options.... View More

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1 Answer | Asked in Child Custody for Louisiana on
Q: Is it ok for me to take a prescription weight loss medication if I am in a custody battle

The custody case is related to history of substance abuse. I just don’t want this used against me in court. I have a valid prescription but I’m scared to take it. Is it ok?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 26, 2021

If you have a prescription, you are fine.

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: I have a daughter we share custody. And I have a question.

Her father has a crazy work schedule and it changes often. I am not working and I am available 24/7. I am willing and able to keep her on all the days he works and he can have her any day he’s off and he is available to have her. But he wants to do one week he has her and one week I have her and... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 22, 2021

You can hire a custody lawyer to modify custody. But if your child is over age 5, you are obligated to contribute to her support.

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1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: Filing for child support against child’s father. Never married.

Never married. Child’s father lives in different state. Does not help financially so I’m filing for child support. If I file will he have visitation rights in his state? He’s the non custodial parent , will I have to file for full custody of our child even considering he barely sees the child... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 18, 2021

You need to file for both child support and custody.

1 Answer | Asked in Child Custody for Louisiana on
Q: I have a custody order against my son father. He has been on the run for two weeks refusing to get served

Today i and local sheriff went to his residence to receive my son and serve him but he refuse to answer the door what should I do? I just want my son back haven’t heard from him in two weeks. I followed every protocol.

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

A custody lawyer can get a civil warrant for you.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: How do I obtain emergency custody of my minor children where there is NO court order or even divorce decree?
Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 1, 2021

You should contact a family law/divorce attorney as soon as possible. The attorney will know the procedure that should be followed and make arrangements to file and present the Petition for Emergency Custody to the judge for his/her consideration.

1 Answer | Asked in Child Custody for Louisiana on
Q: I have Joint custody of my daughter, 15 years of age. My ex-wife is the domicile parent. Does my ex have the right to

give my daughter the Covid-19 vaccine against my wishes? My wishes were stated in a message to my ex on OFW, prior to the first vaccinination and again after the first, and prior to the second.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 26, 2021

Yes as the domiciliary parent, she has the right to give your daughter an FDA approved, CDC recommended vaccination which is also recommended by the AMA to prevent potentially terminal disease including: measles, mumps, rubella, polio, meningitis, HPV, pneumonia, chicken pox, diphtheria, pertussis... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Louisiana on
Q: I am 17, and I think I am going through domestic violence, what should I do?

I have been pulled by the hair and had my head slammed against the wall. I was beaten multiple times so one day I decided to runaway and ever since I ran away they haven't really put there hands on me but I get hurt emotionally a lot but I do not like showing it. What do I do and what happens... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 19, 2021

You can call 911 and go into foster care and your relatives will have to go to court or you can put up with it until you turn 18

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