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Louisiana Child Custody Questions & Answers

2 Answers | Asked in Adoption, Child Custody and Child Support for Louisiana on

Q: Can my husband adopt my daughter, if her biological father has not paid child support in 6 months consecutively?

My child's father is wishy washy. He is a dad when it's convenient and its hard to get state mandated child support from him. He said he would not sign the papers for my husband to adopt my child, because it would make him look like a dead beat dad. He sees her occasionally. Lives on his parents... Read more »

Ellen Cronin Badeaux answered on Aug 21, 2019

It sounds like it's time for an intrafamily adoption. You don't need bio dad's permission. Hire an adoption attorney.

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1 Answer | Asked in Child Custody and Child Support for Louisiana on

Q: Child is three years old, has always lived with mother, I pay child support.

When my child turned 4 months old me and the mother agreed we just weren’t working together and we split up. I got a job offer out of state and moved to a bordering state. We agreed that This was a smart choice so I could better support our child. We agreed I could come down and see her any time... Read more »

Ellen Cronin Badeaux answered on Aug 20, 2019

You should hire an attorney to seek a reduction in child support, if you are making less, and for a joint custody order.

1 Answer | Asked in Family Law and Child Custody for Louisiana on

Q: My kids father is on the birth certificate , he took my babies three weeks ago. Where do I start to get them back ?

Ellen Cronin Badeaux answered on Aug 19, 2019

Hire a custody lawyer to file for custody and their return.

1 Answer | Asked in Child Custody and Child Support for Louisiana on

Q: My daughter is 3, child support order arranged, mother is custodial parent. Child has resided with mom since born.

I pay child support, and have always made an effort to see my daughter. The mother, after three years just started letting me take my child do things only one time a month though, and would tell me to go sit at my child’s grandmaws house to see my child because she knows I will not do that, my... Read more »

Ellen Cronin Badeaux answered on Aug 18, 2019

I don't know how many years your time with your child has been dictated by the mother. Hire a custody attorney to get guaranteed time with your child. Create a text or email record of regularly requesting more time.

1 Answer | Asked in Child Custody for Louisiana on

Q: Would I legally be able to withhold my children from their mother because she is being evicted and will be homeless

I need to know if I file for emergency full custody how soon would it be granted

Ellen Cronin Badeaux answered on Aug 17, 2019

Your attorney can't file for emergency custody and walk it through for the judge's signature until she HAS been evicted. Unless she has some other issue like drugs.

1 Answer | Asked in Family Law and Child Custody for Louisiana on

Q: Can my child's step father's income be supplemented for her mother's income if she isn't working?

At the time that my child support was set up my child's mother was not single and not working. After everything was finalized and we agreed on "co-domiciliary parents" she went off and got married. My lawyer said that if I wanted to later on down the road to try and get a reduction in child support... Read more »

Ellen Cronin Badeaux answered on Aug 17, 2019

No it is not based on the step father's income. But income can be imputed to her from her last job and any benefit she drives from his income.

1 Answer | Asked in Child Custody for Louisiana on

Q: Wanted to know how to go about getting child support from my baby’s father when I’m married and my husband is not the

the father,she carries his last name but we are not together he’s incarcerated

Ellen Cronin Badeaux answered on Aug 16, 2019

You won't get child support until he is released.

1 Answer | Asked in Child Custody and Child Support for Louisiana on

Q: I was awarded full custody of my son on 8/9 & child support stopped, but my ex cashed a prior check dated 8/15.

I gave my son’s mother two checks, one dated 8/1 and one dated 8/15. I got my son for my usual time with him on 7/24, and due to his mother getting evicted and tons of other legal issues, I filed and received emergency custody of him on 8/9. She still cashed the check dated 8/15 even though it... Read more »

Ellen Cronin Badeaux answered on Aug 16, 2019

You can now seek child support from her and repayment of that check.

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on

Q: How do I take my daughter's dad back to child support court?

I made a deal for 400 but now I'm not working at the moment. He doesn't see my child due to her coming home with handprint marks on her. I have an open CPS case right now and we go to custody court Aug 27th. He doesn't ask about her and like I said I won't allow him to see her after that. I found... Read more »

Ellen Cronin Badeaux answered on Aug 13, 2019

Call the DA's office and open a child support case

1 Answer | Asked in Child Custody for Louisiana on

Q: Do Standard Custody papers in Louisiana state you can't live with your significant other without being married?

Ellen Cronin Badeaux answered on Aug 12, 2019

Now that half of all children are born out of wedlock, I don't know of any judges that will disturb custody for living with a new partner UNLESS:

1) there is a specific stipulation precluding it,

2) the relationship is less than 6 mos old or is not exclusive.

1 Answer | Asked in Family Law and Child Custody for Louisiana on

Q: How can I have my son's dad's rights stripped from him?

I was awarded sole custody of my son in 2018. His father hasn't seen him since 10/17 & hasn't called or tried to contact him since 12/28/17. He owes $13,450.03 in back child support (won't go up again until Sept) & has only made 6 payments since he was court-ordered in 2016. 3 June '18 & 3 June... Read more »

Ellen Cronin Badeaux answered on Aug 9, 2019

You can't "strip" his rights unless your subsequent husband adopts him. You can't change your child's name, unless he consents.

1 Answer | Asked in Child Custody for Louisiana on

Q: My ex is giving me false addresses so that i cant serve her for custody,i have not seen my daughter in 4 months.

I have heard of service by publication but do not know where to search for Louisiana laws on it.please help.

Ellen Cronin Badeaux answered on Aug 5, 2019

No you can't serve that way. Hire a private investigator to locate her and serve her.

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Juvenile Law for Louisiana on

Q: How to be heard in the court room. The judge has not let me or my lawyer speak in court? Is that allowed?

Ellen Cronin Badeaux answered on Aug 4, 2019

Why aren't you talking to your attorney, who knows the circumstances?

1 Answer | Asked in Child Custody and Family Law for Louisiana on

Q: out of wedlock child

I am pregnant by a married man and his wife has made threats to harm the child and took actions to harm me. There are police reports. He wants to be on the birth certificate and have rights. Is there a way I could keep her from the child while allowing him visitation

Ellen Cronin Badeaux answered on Aug 2, 2019

File criminal complaints against her. Print, record or film any threats she has made. Go to a family law mediator with him.

1 Answer | Asked in Child Custody and Family Law for Louisiana on

Q: How can I make my ex let have my son when the custody paperwork says 2 weeks agreed upon by us she alway has a excuse

To start with she has refused to let me have my son for about 6 are 7 weeks,Now I want to do something with him I should have him for two weeks during summer. She keeps making excuses, so I said I would go pick him up with police. She Is telling me I can't because the paperwork states the agreed... Read more »

Ellen Cronin Badeaux answered on Jul 29, 2019

Hire a custody lawyer and print all her texts and emails.

1 Answer | Asked in Child Custody for Louisiana on

Q: Can my childs father get joint custody and visitation after being absent for 9 years.

I have never stopped him from seeing her or trying to talk to her. He has not had any contact with her in the 9 years of her life except for a few minutes 3 years ago at her dance recital.

Ellen Cronin Badeaux answered on Jul 29, 2019

He may get something. Your best bet is to hire a custody lawyer to increase your chances.

1 Answer | Asked in Child Custody and Child Support for Louisiana on

Q: My sons fathers left 9 yrs. ago and wasnt required to pay child support due to collecting SS. If I file can he get right

My ex collected a check due to his mental instability. He didn’t bother to take me to court for custody and I avoided him due to a restraining order that I had on him at the time, due to his abusive tendencies. He hasn’t tried to reach out in 9 years, but I’m worried that if I try to file for... Read more »

Ellen Cronin Badeaux answered on Jul 22, 2019

When you open. Up the issue of child I'll ld support you always risk that custody will be opened again.

1 Answer | Asked in Child Custody for Louisiana on

Q: My question has to do with overnight guest Clause in my divorce papers

My 11-year-old son and myself were locked out of my complex due to gate jamming. We were invited to stay the night with a married couple whose son goes to school with my son. At the time it seem like an easy fix to the situation since I could not get inside my complex, It was only later that I... Read more »

Ellen Cronin Badeaux answered on Jul 20, 2019

You are fine. This is an easily explainable exception. Can you get a copy of the receipt.for the technician repairing the gare?

2 Answers | Asked in Child Custody and Health Care Law for Louisiana on

Q: My ex who moved to another state has informed our children's therapist he doesn't want them treated. can she treat?

The children have an established relationship with her for the past year. She has been very open with him regarding their treatment and has documentation of hours of phone conversations with him.

Douglas Lee Bryan answered on Jul 19, 2019

Either parent has full authority to authorize treatment for the children, absent a judgment to the contrary.

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Louisiana on

Q: I’m 17. Can I go out without a parents permission? I don’t want to move out. I just want to be able to see my friends

My mother keeps me inside most of the time. Sometimes I don’t go outside for days simply because my mom said so. I just want to be able to feel freedom or relaxed without being a prisoner in my own home

Ellen Cronin Badeaux answered on Jul 17, 2019

You can go outside for fresh air, to garden, to take photographs, feed the birds, to read a book, wash the car, or to exercise any time you like. However you may not leave the premises without your mother's permission, except for school or a medical emergency, until you are 18.

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