Louisiana Child Custody Questions & Answers

Q: Can I file a motion of intent to appeal in the district court and it be a suspensive appeal regarding a custody case?

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Louisiana on
Answered on Oct 11, 2017

Appeals in custody cases are generally devolutive, not suspensive. However, there is a procedure available to take an emergency appeal under limited circumstances, which provides for an expedited review by the appellate court. Time is limited, however, so you should consult with an attorney ASAP.
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Q: My 13 y/o sons mom ODed w/ him in the house. She was arrested on possession. He is living with us. how do we remove CS?

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Answered on Oct 10, 2017

It may depend on whether the child support is paid through the state or directly to the mother. However, the safe thing to do would be to file a Rule to Terminate Support. This would officially document when the child came to live with you. Support would also terminate as of the date you filed the pleadings. I would also recommend filing to modify custody, which would keep the mother from coming and taking the child whenever she felt like it. Give me a call, and I'll be happy to help.
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Q: Can we let 12 year old son stay with us after summer break without going court he lives in South Carolina?

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Answered on Oct 1, 2017

Technically, if there's no custody order, you and the mother have equal rights to the child; however, I would recommend filing to establish custody here in Louisiana as soon as you get your son. If you don't, there's a virtual guarantee that she will file in SC if you refuse to return the child after the summer break. Give me a call, and I'll be happy to discuss the matter further with you.
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Q: A friend of mines passed away, her daughter is 15 and her dad don't want her how can I get custody?

1 Answer | Asked in Child Custody for Louisiana on
Answered on Sep 30, 2017

You would need to file a Rule for Custody. An attorney can help you do this. Give me a call and I'll be happy to discuss this with you further.
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Q: If there is a custody agreement but the father has forfeited his time, could I move with the kids

1 Answer | Asked in Child Custody for Louisiana on
Answered on Sep 4, 2017

You would still have to comply with Louisiana's relocation statute. An attorney can help you with this. Give me a call and I'll be happy to discuss with you further.
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Q: My son was shot his mom was killed we're in the hospital do I have to wait for cps to be released

1 Answer | Asked in Consumer Law, Child Custody, Criminal Law and Wrongful Death for Louisiana on
Answered on Aug 31, 2017

You haven't given enough information to advise you. However if you were in any way involved do not give any facts on this website or any public website. Contact a criminal defense attorney.
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Q: If I have a notarized agreement that I see my son every other weekend and and she won't let me get him what do I do?

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Answered on Aug 11, 2017

An agreement that is not reduced to a signed judgment is not enforceable by a court. I strongly recommend that you speak with an attorney that handles family law matters. Give me a call toll-free at (866) 368-4279 and I'll be happy to discuss this with you further.
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Q: Can asking someone to watch a child be taken as verbal custody?

1 Answer | Asked in Child Custody for Louisiana on
Answered on Jun 23, 2017

Under Louisiana law, there's no such thing as "verbal" custody.
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Q: im the primary parent of my child...today she go with her mother..she is 13 years old and dont want to go anymore..

1 Answer | Asked in Child Custody for Louisiana on
Answered on Jun 19, 2017

If there is a valid judgment setting forth the visitation, then you have to comply with the judgment, unless to do so would be placing the child in danger. Just because a child doesn't want to see the other parent doesn't mean she doesn't have to go. If there's some reason to modify the visitation, you would need to file with the court to do so.
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Q: Lose child support for losing job? (Custodial parent)

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Answered on Jun 9, 2017

They are either bluffing you or dumber than a sack of rocks.
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Q: If I was currently required to pay for daycare, and child no longer attends. Do I still have to pay?

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Answered on May 31, 2017

You only have to pay your proportion of daycare actual expenses. Just adjust your check accordingly. No modification required.
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Q: What can I do if my ex won't let me see my son I'm 16?

1 Answer | Asked in Child Custody for Louisiana on
Answered on May 22, 2017

You should file a rule to establish custody and visitation if you have not yet gone to court to determine your rights. If you already have a judgment giving you court ordered visitation, you should file a rule for contempt.
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Q: Non-custodial parent fled to Ardmore Ok. How can we get a judge to enforce a Louisiana court orders?

1 Answer | Asked in Child Custody for Louisiana on
Answered on May 10, 2017

You will need to hire an attorney in OK to have the Louisiana judgment made executory in that state. The judge in OK can then sign an order commanding law enforcement in OK to recover the child and return the child to you. Best of luck to you.
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Q: Problems arising after the sudden death of my nephew's ex-wife. Her S.O. is claiming paternity of their youngest child.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Answered on Apr 26, 2017

The general rule in Louisiana is that a man has one year from the date that he knew or should have known that he was the father to assert his paternity rights. Therefore, under the scenario you've given, your nephew should have a good argument that the "other man" has waited too long to claim paternity. Your nephew should consult with an attorney immediately if his paternity rights are being challenged so that his rights can be protected. I'd be happy to discuss this further with him.
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Q: If my estranged husband hasnt tried to contact my son in about 7yrs.Can I get divorce and terminate his parental rights?

1 Answer | Asked in Adoption, Arbitration / Mediation Law, Child Custody and Divorce for Louisiana on
Answered on Apr 18, 2017

You can get a divorce immediately based on living separate and apart without reconciliation for a period of 1 year. You can ask for sole custody in the divorce proceedings. Once you and your fiance have been married for 6 months, he can file to adopt the child. The father's rights can be terminated without his consent in the adoption if he has failed to communicate or attempt to communicate with the child without just cause for a period of over 180 days.

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Q: My parents were granted custody of my 9yr daughter in AR & I now live in LA. Can I open a case here to get her back?

1 Answer | Asked in Child Custody for Louisiana on
Answered on Apr 13, 2017

If your parents still live in the same county in AR where they got custody, I believe that court would still maintain jurisdiction over the case. If not, once you have lived in LA for 180 days, you should be considered a permanent resident of LA and be able to have the case transferred to the district (or family) court in your parish. Good luck.
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Q: My sister gave my mom full custody of her son a couple of years ago. She recently died. Is the agreement still valid?

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Answered on Apr 8, 2017

You say that your sister 'gave' your mother custody. What did this entail? What steps did she take? Did she terminate her parental rights, give your mother guardianship, file anything with a court, etc? I'd recommend consulting with a family law attorney to look over what you have in place to make sure that you avoid any potential custody issues.
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Q: Can my ex legally keep our daughter in her current living situation?

1 Answer | Asked in Family Law, Real Estate Law, Child Custody and Civil Rights for Louisiana on
Answered on Apr 3, 2017

If you believe the current situation is not in your child's best interest, you should file to modify custody. An attorney can help you with this. I'd be happy to let you know how I can help. Feel free to give me a call.
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Q: Can I apply for child custody without applying for child support?

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Answered on Mar 22, 2017

Yes, you can file and ask the court to address whichever specific issue you wish to be decided. In fact, you can let the court know that the issue of child support has been agreed upon, and ask that the agreement be included as part of the judgment.
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Q: My son went to visit his father and now he will not give him back. He said he was filing temp. custody for him.

1 Answer | Asked in Child Custody for Louisiana on
Answered on Mar 22, 2017

I strongly recommend that you contact an attorney immediately to file on your behalf for contempt and for the return of your son. Give me a call, and I'll be happy to discuss the matter with you further.
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