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Louisiana Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: My son lives in Louisiana he is almost 2 I live In Tennessee is there a way I can get emergency custody or immediate?

My sons mother has blocked me and doesn’t talk to me. She has moved out of the state with her bf and left my son in the care of her grandmother the police don’t want to do anything for me to help. saying it’s a civil matter what can I do to gain custody of my son without having to go to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 28, 2021

You have to hire a custody lawyer and attend court by Zoom.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Looking for laywer to help get custody of my 16 year old little cousin.

A miscommunication with his grandmother that he hasn't seen in 16 years only twice and now she's starting to say she come take him because he lives with me and his pawpaw off and on and she has in her head that Im completely lying and she's not happy about that for some reason and... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 28, 2021

You and Paw Paw need a custody lawyer.

1 Answer | Asked in Tax Law and Child Custody for Louisiana on
Q: Nov 2019, I was awarded custody of my daughter, with liberal visitation for the mother. Child lived the whole year with

me, and only went one day to her mothers in 2020. Upon filing with turbo tax, it was determined that because of the court order I would be able to file HOH and qualify for the EIC and the mother gets to claim as a dependent. Mother isn’t happy with just the dependent. In an email with her lawyer,... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 27, 2021

If you were domiciliary parent, then you get the dependency deduction unless a judgment says otherwise.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: how do i file a petition to terminate parental rights ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 26, 2021

You consult with a family law attorney to find out if you have legal grounds first, before you spend money on filing and service fees and get sanctioned.

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: My girlfriend's baby father was arrested on home invasion today, what should her next steps be

She was at home and her baby father (not on birth cert) showed up and she would not let him into her RV, she asked him to leave repeated. He decided to try and force his way into her home, damaged her RV, scared her child. She has it on video. He was arrested on home invasion charges. She is... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 23, 2021

She should hire a custody lawyer to file for ex parte custody and a protective order.

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: Can a hearing officer order a drug screen without any evidence, in a custody battle?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 19, 2021

Short answer, yes. But the Judge can also assess the cost of the drug screen to the party who requested it, if the results are clean.

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1 Answer | Asked in Child Custody for Louisiana on
Q: How do custody hearings in Louisiana work?

What happens during the hearing specifically if both parties have reached an agreement beforehand?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 19, 2021

You need a lawyer or mediator to draft your agreement in the proper form and then the hearing can be dismissed.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Can the cop legally do this after being married for 15 years and together after 18 years

Can a cop make a married couple stay away from each other by signing a piece of paper saying we would stay away from each other he said we had to sign it or go to jail can he legally do that I mean we got two kids together one is 16 and the other one is an autisc 12 year old don't we need to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 19, 2021

One of you need to hire a lawyer. This officer has overstepped his boundaries, playing Judge.

2 Answers | Asked in Child Custody for Louisiana on
Q: i know my "parents" use my checks that i get from the state for drugs. they never buy me things that need

like female things and cloths, socks, shoes. sometimes we go without water for some days, sometimes we have no lights or food. so can i leave my house at 16?

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 17, 2021

I'm sorry to hear about your situation. You would have to be emancipated to legally leave the house at 16. I would recommend that you contact an adult family member who may be able to help with your situation, or contact DCFS (Child Protection) to intervene and get you the help that you... Read more »

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1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: My non-lawyer ex wrote a custody agreement. I would like to know if it's completely ridiculous.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 17, 2021

Hire a lawyer to review the document.

1 Answer | Asked in Child Custody for Louisiana on
Q: Louisiana, is there any chance of a non blood relative getting custody of a child that they have raised after parentdies

Louisiana, is there any chance of a non blood relative getting custody of a child that they have raised after parent is decease?

my daughter has been dating a guy for a while, and he had full custody of his baby, the baby lived with her and him, the real mother is in sober living and... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 14, 2021

Your daughter needs to hire a custody lawyer to file for custody.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Louisiana on
Q: can my son's aunt void out my transfer of custody by mandate done Jan 18th by getting ex parte on jan25th??

I had a notary come and notarize transfer of custody by mandate on January 18th 2021 me & the father signed.

Our sons aunt who our son has been with since November 19th of 2020 had no legal rights to him we never signed anything giving her any type of custody any type of guardianship.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 10, 2021

The answer depends on what she alleged in her Ex Parte Petition. You need a custody lawyer to review that and the facts of the case with you. You have a hearing coming up.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: I recently received a false summons from my sister who I am raising her children,my name isn't even spelled correctly,

what do I do at court?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 31, 2021

I think you already asked this question about your neice and nephew. You need to hire a Custody lawyer.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: I have recently been raising my niece and nephew because my sister was inable to I received a summons with false facts.

My name was even spelled wrong,what should I do?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 31, 2021

I am guessing that you were raising your neice and nephew because your sister had a substance abuse problem. Now either your sister has filed for return of her children or another relative has filed for custody. If you want to keep these children, you need to hire a custody lawyer and file for... Read more »

1 Answer | Asked in Child Custody for Louisiana on
Q: If a relative has petitioned for sole custody from the parents, but they had already did a provisional custody, void?

We had been trying to pick up the child for almost 3 weeks but the relative refused to give the child back. She would leave the residence and not let the parents know where she was. On January 18, 2021, the parents signed off very provisional custody by mandate over to me, and the relative... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 31, 2021

Your attorney can Intervene on your behalf into the relative's petition for sole custody and an exception of res judicata. If you don't have a custody lawyer, you need one.

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: I live in Louisiana. What rights would the non custodial parent have once he pays child support? He is also a felon.

I'm pursuing child support and waiting on a court date. The father hasn't made any effort to see his son, I've been the one to reach out. The father is a convicted felon and also has a child endangerment charge from a previous incident with his first born. His family is trying to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 30, 2021

Hire a custody lawyer to file for emergency custody. Do NOT let him or his mother have your son until there is a judgment of custody, because he doesn't have to give your son back without one.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can a father who lives in another state' never seen nor supported a child now 2 yrs get rights

I'm getting married in October and he is starting to facebook my family and friends to request information on any exs I had. He married a girl after we split and she is actually the one wii is contacting everyone. Everyone has ignored her request. He's in the military andthey live in New York.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 26, 2021

Yes he can still get visitation. Tell your family to ignore his wife. Limit what you post on social media.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: My nephew is 15 years old. His parents on drugs and fight constantly, They have physicaly hurt him and mentally.

nephew went live with my dad (grandpa) 2months ago and now they are makiung him go back home.,,. he does not want to. what can my father do to keep him ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 25, 2021

Your father can hire a custody lawyer and file for custody

1 Answer | Asked in Child Custody for Louisiana on
Q: Daughters mother died. She was unmarried and I want custody. Grandparents filed false ex parte.

Hi, my daughters mother passed away last month. I went to pick my daughter up but found that the grandparents ordered an ex parte and it was granted. The exparte claims numerous false statements. And claims I abandoned my child, yet I have been there in some form every year since birth. Since 2017... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 24, 2021

You need to hire an attorney for your custody hearing who can evaluate the evidence.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Does child support get adjusted when my children go back to school? More details below.

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Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 22, 2021

When your youngest child turns 5, your attorney needs to file a Motion to Modify child support. If she doesn't go back to work, income can still be imputed to her.

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