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Louisiana Family Law Questions & Answers
0 Answers | Asked in Estate Planning, Family Law, Banking and Probate for Louisiana on
Q: Why is the bank stalling on releasing my husband's checking account after we delivered the certified small estafe affida

We did everything by the book step by step it was accepted signed and sealed by the court that my 2 step sons and myself are the only true heirs. They still won't discuss anything about the account whats going on the process nothing. When we inquire we are ignored and they won't return our calls q

0 Answers | Asked in Adoption and Family Law for Louisiana on
Q: I want to adopt my adult stepchild but we all live in texas. Is it possible to do the adoption in Louisiana

My wife my stepdaughter and myself all live in texas. None of us was born in Louisiana but I am a former resident. Texas law takes away the paternal rights of the biological parents when an adult is adopted and that is fine when it comes to her biological father he is not in her life since she was... View More

0 Answers | Asked in Family Law for Louisiana on
Q: can you file a single motion to dismiss to include several pending motions in a Louisiana family court.

i have 3 pending motions pending and scheduled for the same day, same case, same time, same judge. In Louisiana family court.Can one motion and order to dismiss be submitted to include language requesting the dismissal of all three. Or, do i need to submit a single motion to dismiss for each... View More

0 Answers | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: If you are ordered to show up at court to establish paternity & custody by a grandparent, and a rule nisi be issued ...

Petitioner further shows that it will be necessary for a hair follicle drug test to be conducted

both __ and __ to demonstrate their use of illegal narcotics and the threat to the minor child

Petitioner further shows that it is in the best interest of the minor child that she be... View More

0 Answers | Asked in Criminal Law, Family Law and Child Custody for Louisiana on
Q: Is it legal for someone to go through phone, screenshot messages they weren’t part of and withhold the phone from you?

My son’s dad took his phone while at his house and is withholding it from him. It is ordered he can take it with him while over there to use. However his dad will only allow 30 mins talk time with me. They give it to him for the 30 mins while monitoring the whole time.then they take it back as... View More

0 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: Change of venue in civil suit for grandparent visitation. Mother recently deceased. Father mentally disabled marine vet

Unable to care for the infant without supervision. I’ve been awarded full custody but he is allowed frequent supervised visits. The baby resides with me in Shreveport,LA The father and maternal grandparent resides in Slidell LA. The suit should be amended to reflect me and not the father.... View More

0 Answers | Asked in Family Law for Louisiana on
Q: Can a 17 year old pregnant move out without being forced to go back home

She feels she is safer living with the father's mother. And has permission to stay with her. The grandmother is concerned bout the pregnant teens health as well as the unborn child. The teen has to hide being pregnant and is forced to participate in school physical activities that are... View More

0 Answers | Asked in Family Law, Child Support and Domestic Violence for Louisiana on
Q: Good morning. Can i fill lawsuits from Nigeria against father of my children who is American citizen. So are my children

For abandonment and neglection of his children who are American citizen but lives in Nigeria

0 Answers | Asked in Family Law for Louisiana on
Q: I really need help with my children..an my mental abuseive I was with for 13 years

I really need help I can't afford a lawyer I did that 2 times I paid 2500 a piece

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Do you have to contact birth father if they weren't married to the birth mother and didn't go to court for rights?

My daughters birth father and I weren't married and didn't take me to court for rights to our daughter. Now my fiance and I are looking into adoption, the birth father hasn't made contact in over a year and hasn't seen the child in over a year. So I'm just wondering what do... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Nov 19, 2023

The birth father may have to be placed on notice of the intent to adopt; however, his consent may not be required if he failed to communicate or attempt to communicate with the child without just cause for over 6 months. Your fiance would likely need to marry you, however, to be considered for an... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What rights do I have as a father for guardianship with my son I went to jail I signed him over myself no right taken.

I got out in December moved to Tampa for work have kept in. Contact and flew in from Florida twice to spend the weekend with him and have held a steady job running heavy equipment until last month I returned home to go to work in a chemical plant I’ve completed my parole perfectly I have a home... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 16, 2023

A lot depends on what exactly you signed (and/or gave up). I recommend taking a copy of the paperwork you signed to a child custody or family lawyer so you can have a more specific conversation as to the best way for you to achieve what you desire. Good luck.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My soon to be ex-husband and I signed a paper and get it notarized that he will pay off a loan and he quit paying on it.

What can I do about it?

T. Augustus Claus
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answered on Nov 10, 2023

If you decide to file a lawsuit, you will need to prove that the agreement is valid and that your ex-husband has breached the agreement. You can do this by providing the court with a copy of the agreement and any other relevant evidence, such as emails or text messages that show that he agreed to... View More

1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: Hi, me and boy friend at the time buying a house, we got married in 2013, separated in 2019, that's when he abandon me

and this bills he left me with mortgage and all.

Got divorce in 2021 because he was cheating and I bust him, so I filed for divorce. I asks him for help me with mortgage, I got hurt at work and barley paying bills. Can I get his name of house if his not helping. I'm not going to pay... View More

Anthony M. Avery
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answered on Nov 7, 2023

Just because he is not paying on the house note does not remove him from ownership. What did the Divorce Decree say about the house and the mortgage? Outside of enforcing the decree, foreclosure may be be imminent as a refinance is doubtful. A Ch13 BR might help.

1 Answer | Asked in Criminal Law and Family Law for Louisiana on
Q: Can I live with my mom and 4 year old son if I have a indecent behavior charge in louisiana
James L. Arrasmith
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answered on Nov 9, 2023

If you are facing a charge of indecent behavior in Louisiana, your ability to reside with minors, including your own children, could be impacted depending on the conditions of your bail, the terms of any protective orders, or the restrictions imposed by child protective services or the court.... View More

1 Answer | Asked in Family Law for Louisiana on
Q: If I've been on my parents phone plan and i turn 18 and decide to move out is my phone legally mine or theirs?

The phone has been paid off a while now, they have been paying the bill. They have taken me off the plan now after moving out and just recently came and got the phone from me.

John Michael Frick
John Michael Frick
answered on Sep 27, 2023

If your parents bought the phone and did not give it to you as a gift, your parents own the device.

If you bought the phone or if it was given to you as a gift, you own the device.

1 Answer | Asked in Family Law for Louisiana on
Q: Can a spouse donate the 50% of her community property to other relatives without the signature of the other spouse?

My mother, two years before deceasing, made an act of donation of a rental property belonging to her and my father to my niece without my father signature as required by Art 2353. My father deceased in 2019, today this property is in his name and my niece's name. Is this act of donation valid?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 22, 2023

If your spouse was the actual owner in the public record, then she can donate her portion. You should review the trasnfer document to make sure it was property prepared and executed. Also, it should be noted that donation, if proper, would be donated subject to any and all encumbrances which... View More

1 Answer | Asked in Collections and Family Law for Louisiana on
Q: me and my are married my wife purchased a vehicle just in her name if its repoed who is responible?
T. Augustus Claus
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answered on Aug 17, 2023

In Louisiana, if your wife purchased a vehicle solely in her name and it's repossessed, she would generally be responsible for the associated debt. Louisiana's community property laws might have implications if community funds were used to make payments. If you cosigned or have joint... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Divorce article 103 - Adultery - Louisiana

My wife committed adultery and birthed a child to another man. She never denied the adultery and a DNA test was done and the other man came back as 99.999999% certainty as father. The necessary paperwork regarding the paternity was done and sent to the State. Me and my wife do have a minor child... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 8, 2023

You can---but my suggestion is that you speak to a family law attorney in your area and discuss the pro and cons of filing a 103 divorce via adultery and the potential impacts this will have on incidental matters----there may not be any impacts but at least have a consult about this because you... View More

1 Answer | Asked in Family Law for Louisiana on
Q: A man signed an acknowledgement of paternity in order to help the mother, by allowing the infant to get his SSI

He is now deceased. Can this be revoked since he is not the actual biological father?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Aug 7, 2023

It is possible to do. I have actually been successful in getting this one in a situation where the mother passed away.

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