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Louisiana Child Custody Questions & Answers
1 Answer | Asked in Adoption and Child Custody for Louisiana on
Q: How can my brother get full custody of his kids if his kids mother is deceased?

My brother girlfriend died in March, he’s not on his kids birth certificates but he has the kids and I’m helping him. How do I go about legally adopting them or help him get full custody (either one would work for us)

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 5, 2020

He needs to hire a custody lawyer to file for filiation, custody and possibly tutorship, if there is a social security claim or life insurance involved.

1 Answer | Asked in Child Custody for Louisiana on
Q: Can my sister grant me temporary custody of her son without going to court?

We live in different states and the father is unknown. She wants me to keep her kid until shes on her feet again. I will need to provide medical insurance and enroll in school.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 4, 2020

Yes but have an attorney draft the document for educational and medical purposes.

1 Answer | Asked in Child Custody for Louisiana on
Q: Does my child have to continue visitation with her father once she turns 18 but is still in high school?

Papers were drawn up in Texas, we are in Louisiana. It states child support would continue until 18 or upon graduation. He allowed us to move here from Texas and in return, he got to stop paying child support. He still has visitation rights but the children no longer wish to see him. She will b 18... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 4, 2020

Visitation ends at 18.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Does my kids mom have to tell me we're my kids live?

My son's mom refuses to tell me we're my kids live at, their is no reason for her not to tell me and it worries me if she has a place at all.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 3, 2020

YEs she has to tell you or your lawyer can take her to court.

1 Answer | Asked in Child Custody for Louisiana on
Q: If I am 17 & 6 months, with a child, and have graduated high school, can I move out of my parents house ?

My child would move with me and myself and my child's father both have jobs .

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 3, 2020

You can move out of your parents house in 6 months. If you move now, they can seek custody of your child on that basis.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What do I do when a judge went against me on an ex parte filed against my daughter.

I filed an ex parte against my daughter and her baby's father for custody of my grandson at the advice of the DCFS workers. The judge filed against me and had the child removed from my care. He said we had a criminal history. Myself nor my husband has ever been convicted of a crime. DCFS place... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 3, 2020

Your daughter's provisional custody is only good if it was signed before DCFS took custody. You need to hire a juvenile court lawyer. Your daughter cannot live under your roof if you are seeking custody.

1 Answer | Asked in Child Custody for Louisiana on
Q: If a father is not on the birth certificate do they have rights to still take the child?

My friend currently had her child taken away by the father and the cops said that since the baby was already in his possession when they came, she would not be able to get her baby back without the birth certificate which she doesn’t have because she literally just had the baby. By law is that... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 3, 2020

She can hire an attorney who can file for emergency custody.

1 Answer | Asked in Child Custody for Louisiana on
Q: Can a mother deny giving us a DNA test amd also tell my husband he can't not see the baby without her and I cant be ther

while going threw a rough patch in out marriage mu husband slept with someone and she is now saying she is pregnant for him. But she is refusing to give me a DNA test and also saying that he will not be allowed to take the baby nor see the baby without her there and it has to be done at her house.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 2, 2020

Your husband's attorney can file a paternity and filtration and custody suit as soon as the child is born. You have no rights but she cannot ban you from the child's presence either.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What are a man's legal rights regarding a child conceived out of marriage in Louisiana?

13 days after engaging in sexual relations with a man, a woman sends him a text saying she is late. After no response from the man, she sends a pic of a home pregnancy test and a watch (presumably to show date and time). The next week, she sends a pic of an ultrasound, presumably hers. After no... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 2, 2020

Father's and mother's right are equal in Louisiana

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: It was his mother and husband who banned him.

But even though she has full custody, does she have the right to send him to live somewhere else to go to school and to live or do I have the right to have say so about him living with someone else if he is not living at home with his mother. Also I'm paying child support on him and he is... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 1, 2020

12 and up they have a say, but not the only say in where they live. If she has sent him to live with someone else, but is collecting the child support, document it and hire a custody lawyer.

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: What is the law when my 13 year old son is not allowed back at his mother's house but she has full custody of him.

My son is not allowed back at his mother's house because of her husband. With her having full custody of him, does she have the right to send him somewhere else to live and go to school. He has been with me for the past 2 months and wants to live with me and go to school here where I live.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 30, 2020

Who has banned him from his mother's house? His mother or juvenile court?

Then depending on your answer you need a custody or juvenile court lawyer.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What is legal standpoint on my sons father saying we cannot communicate or work together because hes black and im white

Shared custody, with parental alienation

I would appreciate any insight into what the laws say about this situation. Thank you

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 29, 2020

The law says absolutely nothing about biracial parenting.

1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Louisiana on
Q: Can a wife get the locks change of domestic Islands happened between her and her husband in Louisiana
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2020

If the home is community property or rented in both names, then she can file a Protective Order and ask for exclusive use of the home and change the locks.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Libel & Slander for Louisiana on
Q: My son has been kidnapped by his grandparents and they refuse to return him to me. What should I do?

xxx was my attorney during my custody case a few years back. Prior to the Corona breakout, my son was punished at home for refusing to do his chores, and went to school saying he wanted to kill himself, counselors had him admitted to Brentwood. There, he accused me of abuse. DCFS began an... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 25, 2020

Call 5hr Sheriff's Office or contact your attorney.

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2 Answers | Asked in Adoption and Child Custody for Louisiana on
Q: My daughter is 15 years old currently lives with me. I am on her birth certificate. How do I get full custody as a dad?

She lived with her mom until about 2 months ago. Her mom does not want to be responsible for her any longer and wants off of her birth certificate. Her mom also wants my wife and me to adopt her. As her father, I do not see why I would adopt my own child. Her mom states that if I do not adopt her... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jul 24, 2020

While you would not have to adopt her, you and her mother would have to consent to your wife adopting. An intrafamily adoption is a fairly simple and affordable process. An attorney that handles adoptions can fill you in on the process and costs.

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1 Answer | Asked in Child Custody for Louisiana on
Q: Sole custody.......?

Is having temporary sole custody the same as permanent sole custody (in regards to making decisions for the kids like school, medical, within 50 miles move, etc - all without needing to let ex know or getting ex's approval) especially since it has been 2 years now with temporary sole custody?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 24, 2020

The only difference is that someone can still as for a trial with temporary custody. with permanent t sole custody the threshold is higher to reopen the case or appeal.

1 Answer | Asked in Child Custody for Louisiana on
Q: How to obtain full custody of my niece?

As per a CPS order my sister gave me provisional custody of my five-year-old niece so the state wouldn't take her. My sister has substance use disorder and was told that she could get my niece back after she went to rehab. She still hasn't went to rehab nor has she quit drugs. She refuses... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 24, 2020

Hire a juvenile court attorney to review the custody you do have.

2 Answers | Asked in Child Custody and Family Law for Louisiana on
Q: How do I prevent my children’s father from gaining custody if I pass away?

I have 2 kids. They are 12 and 10. Their father is on the birth certificate and we have a custody agreement. However, he is not part of their life and hasn’t been for the past 8 years, doesn’t pay child support, and lives across the country. They have had zero contact with him during this time.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 18, 2020

You can designate a Guardian in your will and then that Guardian can file for custody if you die before they turn 18. Get an estate planning attorney to write your will

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1 Answer | Asked in Child Custody for Louisiana on
Q: If I have sole custody and (ex has no visitation and no custody), do I have to inform ex if I move with kids

from one parish to another parish temporarily due to COVID 19? Do I have the right to homeschool kids with COVID 19 going on and not needing to get ex approval?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 18, 2020

I would advise that you send Notice if you relocate the kids out-of-state or more than 75 miles. No, you do not need to advise that kids are going to school remotely.

1 Answer | Asked in Child Custody for Louisiana on
Q: My ex is filing her 2nd ex party just to gain custody of the kids. Is this legal? We have 50/50 custody
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 17, 2020

You need to hire a custody lawyer to make the case that she is just trying to get custody with multiple ex Parte petitions

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