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Louisiana Family Law Questions & Answers
0 Answers | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: Am I keeping my kids from their dad if they go with him every other weekend? his lawyer will contact me because he said

I am keeping them from him when they just went with him last weekend. I told him that we have plans this weekend and they were just with him. We are in the middle of a custody case and I'm looking for a lawyer but we have been doing every other weekend even tho we don't a set schedule. I... 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.

0 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: ex is represented by a lawyer this lawyer filed for another client stating she can not be alone with clients children

Is this not a ethical issue and how can this lawyer represent the same person he filed papers for stating she can't be alone with these other children.

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

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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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

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