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Louisiana Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Civil Litigation for Louisiana on
Q: Can a parent be held accountable for their child's sexual assault in Louisiana?

In Louisiana, can a parent be held accountable if their 9-year-old child allegedly sexually assaults another child? Law enforcement is involved, and the case is currently under investigation. No charges have been filed as yet, and the parents are cooperating with the investigation.

James L. Arrasmith
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answered on Apr 16, 2025

In Louisiana, a parent is generally not criminally liable for their child's independent actions, including an alleged sexual assault, unless the parent directly participated in, encouraged, or enabled the act. However, parents can face civil liability under certain circumstances if it is shown... View More

1 Answer | Asked in Juvenile Law and Family Law for Louisiana on
Q: What legal options allow a 17-year-old in Louisiana to move out without emancipation?

I am 17 years old, living in Louisiana with my dad, who clearly does not want me there, as evidenced by constant threats when I try to communicate. My aunt is willing to let me live with her, but I am afraid to discuss this with my dad because of past experiences where seeking help resulted in... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Louisiana, since you are 17, you are still considered a minor, and legally, your parents have control over your living situation. However, if you're in an unsafe or abusive environment, you have the option to seek help from authorities or child protection services. If you feel unsafe living... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How to file for divorce on fixed income when spouse lives in another state?

I need to file for a divorce, but my spouse lives in Alabama, and I live in Louisiana. We've been living in separate states for two months. I am on a fixed income and planning to file in Louisiana. We have no agreements regarding spousal support or division of property. How should I proceed... View More

James L. Arrasmith
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answered on Apr 13, 2025

To begin the divorce process in Louisiana, you’ll need to file a petition for divorce in the parish where you live. Louisiana requires that at least one spouse be a resident of the state for six months before filing. Since you've been living separately for two months, you should check the... View More

1 Answer | Asked in Family Law, Probate and Real Estate Law for Louisiana on
Q: Can my daughter use her house before securing a new home post her father's death?

I lived with my partner, who passed away, for 11 years, including 6 years in a house he purchased while we were together. The property is in his name only. His adult children are now claiming their share of his assets, including the home, and have initiated legal proceedings. My 9-year-old daughter... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on property and inheritance law, your situation involves complex legal considerations regarding non-marital partnerships and parental rights. Without a valid marriage or a properly executed will, intestate succession laws typically favor biological children and legal relatives rather than... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Louisiana on
Q: What are my chances of winning custody if I've raised my son alone for nearly 3 years?

I have raised my son for the past 2, almost 3 years without any financial, medical, or school-related help from his other parent. I am now filing for divorce and there are no previous custody arrangements or court cases involved. What are my chances of winning a custody battle in court?

James L. Arrasmith
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answered on Apr 13, 2025

In Louisiana, the court’s primary focus in custody cases is the best interest of the child. Since you've raised your son for nearly three years without assistance from the other parent, this could work in your favor, as the court may recognize the stability and bond you’ve provided. The... View More

1 Answer | Asked in Child Custody, Civil Litigation, Libel & Slander and Family Law for Louisiana on
Q: What should I expect in court regarding false custody claims in LA?

I have a court date on Monday, March 24, regarding ex parte emergency custody orders and TROs filed by my ex and his mother, based on false and defamatory claims of child abuse. They allege that I exposed my children to child molesters, used drugs around them, and abandoned them for days, all of... View More

James L. Arrasmith
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answered on Apr 13, 2025

When you appear in court for the emergency custody and TRO hearing, the judge will be focused on whether there's credible evidence of immediate danger to your children—not just accusations. Since these are ex parte orders, your ex and his mother may have initially presented claims without... View More

3 Answers | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: How can I establish visitation rights to see my children despite my ex preventing access?

I have been paying child support, but my ex has continuously prevented me from seeing my children since 2016. There is no formal custody or visitation order in place, although I have raised this issue during child support hearings and was advised to seek a pro bono family law lawyer. Despite... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 20, 2025

You need to file something with the Court asking the Court to set periods of visitation so that your vistiation rights become an order of the Court. If yoou are unable to hire an attorney, then contact the local bar association and see if they have a pro bono program, or if they can provide you... View More

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1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: How can I obtain full custody of my godchild?

I have had my 14-year-old godchild on and off throughout her whole life. Her mother is out of the picture except for the occasional visit and lives in another state. I gained provisional custody in November 2024, and her father is not listed on the birth certificate but resides in a different city... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since you've already secured provisional custody and have both parents’ informal consent, you can move forward by filing a formal petition for permanent custody through the family court in your area. Start by gathering necessary documentation, such as the provisional custody order, proof of... View More

1 Answer | Asked in Contracts, Divorce and Family Law for Louisiana on
Q: How can we dissolve a prenuptial agreement signed in Louisiana?

My husband and I want to dissolve our prenuptial agreement, which was signed in March 2009 in Louisiana. We both agree to dissolve it but cannot find the original document, and the attorney who helped us has retired. Both parties are willing to sign a specific document to dissolve the prenup. What... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 10, 2025

Short version is that I highly recommend that you hire an attorney to prepare the paperwork to make sure it is done correctly as at some point in time in the future you do not want to have someone go back and say the agreement is void or not enforceable because it was not done correctly. If I... View More

1 Answer | Asked in Divorce, Child Support and Family Law for Louisiana on
Q: Can my ex-wife request child support after initially declining it?

I divorced my ex-wife in September 2024. During the child support hearing in August 2024, she told the court she didn't want child support, and later declined my offer, saying it wasn’t enough. She informed me she filed for child support in January 2025, even though I haven't received... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 10, 2025

Yes, she can but she can only receive child support from the date of (new) filing. Also, the reason(s) she declined child support before may be relevant to the child support amount moving forward----my recommendation is that you at least have a sit down consult with a lawyer in your area to... View More

1 Answer | Asked in Adoption and Family Law for Louisiana on
Q: Can biological father become legal father after non-biological father's passing?

I am seeking advice on whether my son's biological father can become his legal father after the passing of his non-biological but legal father. All parties are in agreement with this change. My son's last name includes both mine and the biological father's. What steps do we need to... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 1, 2025

Yes, there are a couple of ways this could possibly be done. Your best bet would be to speak with an attorney who is familiar with family law to discuss your situation and the potential cost. Good luck.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: What are my options for financial support after a 15-month marriage with no pre-nup in Louisiana?

I have been married for 15 months, staying home upon my husband's insistence, while he works. He started lying and talking to other women only 7 months into our marriage. We have no children, and everything, including my car, is in his name. There is no prenuptial agreement. I'm concerned... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 26, 2025

Your have options but in order to obtain them you most likely will have to go to Court ----at this time, I highly recommend that you set up a consultation (or 2) with a divorce/family law lawyer in your area----sit down with them, discuss the specifics and they can tell you your options in detail.... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Louisiana on
Q: Married 20 years, want to leave but fear desertion claims, no kids involved.

I have been married for almost 20 years. We own a home together and I would like to sell it and split the profit, as well as divide a few shared items. We currently live in the same home, even sharing a bedroom. I want to leave, but I'm not sure if I would forfeit everything, as in a claim of... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 20, 2025

If you have a community property regime, which you most likely have, 1/2 of the marital assets and 1/2 of the marital debt is yours and the other half is his regardless of who is at fault in the marriage. I recommend that you contact a divorce/community property/family lawyer in your area and have... View More

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: How can I legally arrange for my mom to temporarily care for my child in Louisiana?

I currently have half custody of my one-year-old child. I am out of town on a regular basis and would like to temporarily have my child under my mother's care while I am away, so my family can see him as well. There are no existing legal agreements about this, and I generally do not... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 17, 2025

Legally? If you want legal, then you need to go to Court and have it signed by a Judge. I strongly recommend that you contact a lawyer in your area to discuss your options and best way to proceed here. More information is needed as to the relationship between you and the baby mama in order to do... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: What are my options for a Divorce from a spouse who committed infidelity?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 10, 2025

There are various ways to obtain a judgment of divorce in Louisiana---most will select the option of having lived separate and apart for the period of time which would allow you to get divorced---depending on one's situation, 180 days or 1 year. You can also obtain a divorce based on... View More

1 Answer | Asked in Family Law and Probate for Louisiana on
Q: mother estateLouisiana all bills are paid house sold and we have one piece of land left can Idisburse funds to the heirs

I just want to know if we have to wait for this one piece of land to sale before we can distribute the proceeds from sale of house all bills paid house is sold closed last week

Anthony M. Avery
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answered on Feb 1, 2025

Hire a LA for advice now before you become liable for alot of debts which you did not create.

1 Answer | Asked in Divorce, Family Law, Personal Injury and Constitutional Law for Louisiana on
Q: I can’t get an attorney to assist me. What do I do about a court that refuses to provide proper jurisdiction documents

From the inception of this case courts have manipulated documents changed orders without jurisdiction ex-wife left the state with a child the LADCFS just attorney‘s office and child support court. All refused to disclose the location of my child although I was awarded joint custody Even at the... View More

James L. Arrasmith
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answered on Jan 27, 2025

It sounds like you are dealing with a very frustrating and complicated legal situation. When a court refuses to provide jurisdictional documents or clarify its authority, you have a right to challenge this and demand accountability. Start by filing a formal written request or motion with the court,... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: Going through a same-sex divorce. A minor child is involved. Both of us are on her birth certificate.

What are my legal rights as the parent on her birth certificate but, I did not birth her. My ex birthed her.

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

If you legally adopted the child as a parent, then your rights are the same as any other parent and you may pursue your remedies in Supreme or Family Court depending upon the issues involved.

1 Answer | Asked in Estate Planning, Family Law and Probate for Louisiana on
Q: Wife is living and the husband passed away, they acquired 5 houses together can she sale the houses without a succession

the husband had a previous marriage with one son, whom have passed away. They have 2 children to their union, and 1 child passed away they adopted one son and they have about 10 grandchildren.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 20, 2024

If the property is only in the name of the wife then she can sell the property without a succession. If the deceased ((his estate) is entitled to any portion of the sale proceeds then it would be settled up in a succssion. If the husband's name is on the property then a succession will have... View More

1 Answer | Asked in Child Support, Divorce, Family Law and Insurance Bad Faith for Louisiana on
Q: is it legal for my ex to keep the money he claimed with my name for me from a “pain and suffering lawsuit” ?

while we were married my ex got his by a company van and his lawyer told him that him, me, and each of our kids would get paid for pain and suffering. we have since divorced. he kept my part of the money for himself.

James L. Arrasmith
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answered on Jan 10, 2025

This situation involves your legal right to compensation that was specifically designated for you in a lawsuit settlement. If your name was used to claim money intended as your personal compensation for pain and suffering, your ex-spouse likely does not have the legal right to keep those funds.... View More

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