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