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Louisiana Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: My non-domiciliary co-parent made an apt behind my back and told me after. I asked them to move it back 7 days..he wont

I am trying to work with him so we can attend and he keeps sending negative slander, and refusing to work with me. She's 4 and not overdue till 5 technically but she turned 4 in July. It's October we split June he cut money and didn't pay support etc and still refusing to do so... View More

1 Answer | Asked in Estate Planning, Family Law, Constitutional Law and Probate for Louisiana on
Q: if a last will and testament was written in 1991 and the laws have since changed, do we go by the old law or new law?

In Louisiana law what age limit was a forced heir in April 1991?

Old law in 1991- Thus, after the Lauga decision, all children remained forced heirs, regardless of age or disability.

Does this law apply to a last will and testament that was written in 1991?

Or does the... View More

James L. Arrasmith
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answered on Oct 29, 2024

When dealing with a last will and testament from 1991, it's important to consider when the deceased passed away. In Louisiana, the laws governing forced heirship are typically based on the statutes in effect at the time of death, not when the will was written.

Since the law changed on...
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0 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Louisiana on
Q: My daughter is in Louisiana living with the baby's daddy. She also has a child from a previous relationship in

California and receives child support. She's miserable in Louisiana and wants to end the relationship. She does not have an income (except for the child support in CA) what are her rights or options? He's becoming very verbally abusive and threatening to take away her car her phone. Last... View More

0 Answers | Asked in Criminal Law, Family Law, Adoption and Identity Theft for Louisiana on
Q: I've been arrested & charged with cyberstalking & stalking simply because my 17 yr old son contacted me.

I have been alienated from my 3 boys for 8 years. My oldest found me on fb and contacted me for 3 days until he was caught mid conversation by his adopted Mother ( my cousin). I have served time twice for crimes I have evidence I did not commit.

0 Answers | Asked in Family Law for Louisiana on
Q: If me and my spouse own a car and the title is in both of our names and I died how would my wife be able to sell the car

And I have a living daughter that we haven't seen our heard from in 18 years and we live in Louisiana

2 Answers | Asked in Family Law, Civil Litigation and Civil Rights for Louisiana on
Q: Do I need to file a motion after the opposed files a motion to strike in louisiana

I filed a motion to remove administratrix and they filed a motion to strike down I need to file anything else in louisiana

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 22, 2024

My advice is that you contact an attorney in your area to consult with the attorney about the specifics of your matter---both things filed are most likely going to result in a hearing before a Judge so it is best that you have legal representation.

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1 Answer | Asked in Bankruptcy, Divorce and Family Law for Louisiana on
Q: I live here in Louisiana. I would like to file divorce with my husband bec he is a gambler and we have so much in debt.

He borrowed money to pay for his gambling and I can no longer keep up with the monthly payments. Now he want to sell the house in order to pay his loan. I don’t want anything to do with him anymore. It is stressing me out and he is pressuring me to sell the house. I feel threatened what he might... View More

James L. Arrasmith
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answered on Oct 5, 2024

I'm really sorry you're going through this difficult time. It’s important to reach out to a local attorney who can guide you through the divorce process in Louisiana and help protect your interests regarding the house and debts.

You have rights when it comes to property and...
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2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: If separate funds was used to purchase a home during marriage is it separate or community

Immediately upon getting married I sold my separate home, then took separate money and purchased a new home while married, my then wife did not and could not contribute she still owned a separate home. Upon sale of her home she moved into the new home i purchased. Is this still considered... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 18, 2024

Arguments can be made that it's separate property or that it's community property. I would suggest you sit down with a community property or family law attorney to specifically discuss this and determine a strategy for what you desire and if it's practical. For example, one needs... View More

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1 Answer | Asked in Criminal Law, Family Law and Probate for Louisiana on
Q: My mom passed in Louisiana, owned a suv & insurance was paid in full at the time. Can her son drive it and how long?

My mom passed 11/23. He instantly got in her suv. What rights if any does he have to drive it? What happens when its time for the insurance to renew? Shouldn't the tags be pulled? Also, she was married but they are claiming community property, I say wrong because she bought it with money she... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 9, 2024

You have a lot of questions and more information is needed---my suggestion is that you seaarch for a succession/probate lawyer in your area---set up a consult and at the consult ask your questions----at the end of the consult you can decide if you want to hire that attorney or if you need an... View More

1 Answer | Asked in Civil Litigation, Contracts and Family Law for Louisiana on
Q: My father passed in May. He was given documents to sign which was a marriage license less than a week before he died

my father had stage four lung cancer and was heavily medicated the last month of his life. I found out recently that he was not married in a ceremony of any kind but marriage license was signed and turned in less than a week before he passed away and his I’m not gonna call her wife is trying to... View More

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2024

A Louisiana attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your father. Although some questions on this forum sometimes go unanswered, you could try reposting and including "Probate" and "Estate Planning" as categories.... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Does a mother have the right to take our kid and move from LA to SC without the fathers consent if they're not married?

My daughter and mother live with me. We're not together anymore and she isn't paying rent. My daughter goes to school here and the mother wants to up and leave to SC where her mother lives. There's no abuse or negligence on my part, she wants to move over there because her mother is... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 29, 2024

If this is an issue and/or might become an issue, then the paperwork between you and the mother regarding custody of the child will be important. What does it say as to relocation? If there is non paperwork currently, then I would immediately contact a family law/custody lawyer in your area to... View More

1 Answer | Asked in Adoption and Family Law for Louisiana on
Q: What are our next steps for adoption of my nephew who we have had sole custody of for a little over a year?

My husband and I have had sole custody of my nephew for a little over a year after my sister’s death. There was no father listed on the birth certificate or in his life, but attempts were made by the courts to locate the supposed father at the time custody was awarded. He never came forward and... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 12, 2024

Here's my suggestion---it sounds like you do not have an attorney and you suggest that cost may be a fact-----I do not know if you previously consulted with an attorney, however my recommendation is that you set up an appointment with an adoption attorney for the purpose of a... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How do you proceed with legal separation/divorce when the only thing you own together is the house
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 5, 2024

My recommendation is that you should consult with a lawyer to discuss your options and to determine the best way to proceed at this time---that's the best thing to do. In further answer to your question, you can either not seek determination of the commuity property at this time and simply... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Once DCFS changes the goal from reunification to adoption can you do anything to fight it? Now they moved my courtdate

I was only text messaged not subpoenad

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 17, 2024

If you are the parent and want your child (children) then I recommend that you immediately consult with an experience lawyer in this area and hire one to represent you and to work towards your best interests. Good luck.

1 Answer | Asked in Family Law and Divorce for Louisiana on
Q: Does a finalized divorce void the communal property law in Louisiana?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 17, 2024

No. Once the community property is terminated, income and debt you earn/obtain is solely yours moving forward but the already existing community property is still that. If your community property is terminated, then the community property between spouses remain just that, except that you are now... View More

1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Q: Can My boyfriend contest his dad's will?

Wehave been together for over 10 years. About 2 years ago his cousin told his dad that I said something that was't true. His dad disowned him and changed the will to exclued my boyfriend He is an only child. We have text messages showing the decline in his dad'' mental health. We... View More

Anthony M. Avery
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answered on Jun 14, 2024

Consult with a competent LA attorney. But boyfriend will have standing to contest the Will. But it does not sound like you have grounds for a successful Contest.

1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Q: Hi. I have a question regarding my MIL being power of attorney over our bank account/ other of my husbands finances?

When me & my husband got married, we got a joint bank account and my mother in law asked to be power of attorney. Not knowing what it all meant I said yes. I am still learning what it all means as of now being that a friend informed me when I bought up the subject, so I was told to ask... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 5, 2024

You have concerns and rightfully so----however, your post is unclear in that you state that your mon asked to be power of attorney and we do not know who has given her power of attorney and to what extent she was given power of attorney. I believe you really should sit down with an attorney to... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How can I obtain a divorce when I don’t know where my husband is and we have been apart for over 30 years?

I have his last known address from 12 years ago.

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 28, 2024

If you do not know the whereabouts of your spouse, you can still obtain a divorce but it is more expensive as you have to ask the court to appoint a curator (which would be an attorney) to make reasonable efforts to locate your spouse---it is more expensive because you are responsible to pay the... View More

1 Answer | Asked in Family Law, Tax Law and Landlord - Tenant for Louisiana on
Q: i need to remove my brother off property i bought in the succession- louisiana- what form do i need to begin this

i bought brothers out, oct of last yr, 1 brother took a meter from home and attached his name to it and is living in a trailer that was our gmas, whis is dead and the trailer is owned by both of us i believe- he was told to get off property at begining of all this in 2018/2019 but never did

James L. Arrasmith
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answered on May 17, 2024

In Louisiana, if you want to remove someone from a property you own, you will need to go through the eviction process. Here are the steps you can take:

1. Serve a written notice: Provide your brother with a written notice to vacate the property. In Louisiana, the notice period is typically...
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