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Louisiana Child Custody Questions & Answers

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

Q: Mother left infant with me, he is now 2. How can I terminate parental right?

I don’t want her to show up and take him since she is biological parent

Ellen Cronin Badeaux answered on May 21, 2019

You can hire an adoption attorney to file for adoption and termination of parental rights.

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

Q: We were ordered by the court to take a "mini" evaulation, 4 years after I was awarded custody of my child in Aug. 2015

I have sole custody of my child for the last 3 years now. Failed drug screen and medical neglect in which my daughter had hearing loss up until she had tubes put. Dr called OCS on medical neglect. At that point my ex-wife was then awarded supervised visitations every other Saturday. She recently... Read more »

Ellen Cronin Badeaux answered on May 21, 2019

You need a custody evaluation if you think that the custody evaluation was not performed adequately.

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

Q: I've been living at the same rental house for 7 years and I got married 8 months ago but I want a divorce

I've been living at the same rental house for 7 years and I got married 8 months ago but I want a divorce because my husband turned out to be controlling and emotionally abusive. He's monitoring my calls, I can't talk to family members or friends for long, I feel trapped, etc. We have a 4-month-old... Read more »

Ellen Cronin Badeaux answered on May 17, 2019

Hire a divorce attorney. She can get you use of the home within a month.

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

Q: my husband conceived a child with another woman and he will be on the BC she does not want child how do i get rights

can adopt him since he will be under my husbands name? what are my rights.

Douglas Lee Bryan answered on May 13, 2019

This would be what's called an intrafamily adoption and is not as complicated as a private adoption, if the biological mother is willing to surrender her rights. Give me a call and I'll be happy to discuss the process and potential costs in more detail.

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

Q: I have sole custody that was granted by ex parte where there was no hearing cause it was emergency how to get son

It was an ex parte order for custody an I was awarded sole custody with out a hearing how do i get my child back.

Ellen Cronin Badeaux answered on May 12, 2019

You are leaving something out of your question because it says you got emergency custody, but you're asking how to get your son back. Call a custody lawyer.

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1 Answer | Asked in Child Custody for Louisiana on

Q: If a person admits guilt of contempt which caused a custody battle because of contempt why should that person not atty

Person not pay atty fees for what that person caused

Ellen Cronin Badeaux answered on May 10, 2019

If you signed a contract to pay an attorney or were ordered by a judge to pay an attorney, then you need to pay the attorney or you can be sued or held in contempt.

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

Q: How old do you have to be to decide who you want to spend most of the time with in joint custody situations?

Hello, I am 14 and my mom and dad have joint custody. Because of conflict between me and my dad(My dad drinks and used to fight with my mom and stepmom), I want to stay with my mom most of the time. I already asked a DA and they said 14 was the age in Louisiana but I still want to be sure. my dad... Read more »

Ellen Cronin Badeaux answered on May 5, 2019

Actually it's 12 when uou first have input but not the final say. Your Mom needs to hire a custody lawyer

.

1 Answer | Asked in Child Custody for Louisiana on

Q: If I don't go to court for custody of my child will I have a bench warrant?

I don't want to fight it because I'm the one who sent my daughter to my MIL. I was served papers by the police.

Ellen Cronin Badeaux answered on May 2, 2019

Please go to court with a lawyer so you don't get screwed.

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

Q: How to transfer guardianship of a minor from his grandmother in LA who has full custody to a family member in TX

Ellen Cronin Badeaux answered on Apr 25, 2019

Call a custody attorney who can draft a Consent Judgment.

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

Q: Can I get full custody of my children?

My husband and I have been separate for almost four years, he was abusive during our relationship and his ex girlfriend, whom just had a baby with him, says she was abusive to her also. However, neither of us have any documented proof, and he is currently in jail for theft. If I filed for a divorce... Read more »

Ellen Cronin Badeaux answered on Apr 24, 2019

Him being in jail, makes it much easier for you to get custody. So strike while the iron is hot.

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

Q: How do I begin the process of terminating parental rights? We have not heard from my childs father in 6 months?

Douglas Lee Bryan answered on Apr 11, 2019

If you and your spouse have been married for over 6 months, your spouse can file to adopt the child at this time. This would terminate the father's rights. This is a relatively inexpensive process, compared to a private adoption. Give me a call and I'll be happy to discuss the process and costs... Read more »

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

Q: If I was rewarded sole custody in sep.2018,bc of physical abuse to me&1 of my2 children,do can I claim kids on taxes?

Ellen Cronin Badeaux answered on Apr 10, 2019

If you have sole custody you can file for dependency deduction.

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

Q: I need to file contempt of court for my child's father he hasn't allowed me to see or talk to my son in 3 months

When I take him back to court is it possible that the judge will take his rights away or will I get him back I want full custody back of my son this has heart my family physically mentally and emotionally it's devastating

Ellen Cronin Badeaux answered on Apr 6, 2019

Hire a custody lawyer to file contempt and for custody.

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

Q: We hired a private investigator to do surveilance of my childs 8 hour visitation with her mother.

I was awarded custody 4 years ago. My child is a non verbal autistic child, who started masterabating. So, as a father, I was very concerned and didn't know what to do, as my attorney wouldn't file paperwork to stop visits. So hired investigator. During surveilance, it shows my ex wife possibly in... Read more »

Ellen Cronin Badeaux answered on Apr 4, 2019

Need to appeal immediately.

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

Q: How how does a hearing officer have to render it's recommends to the courts and parties?

Child custody

Ellen Cronin Badeaux answered on Apr 2, 2019

By email or in writing. You have a short deadline to file an Objection.

1 Answer | Asked in Child Custody for Louisiana on

Q: Is a change of venue possible for custody litigation? Specifically, two judges have been recused already due to bias.

The plantiff's attorney has a record of ethics violations. The plantiff's stepfather (financer) is an attorney in a neighboring county.

Douglas Lee Bryan answered on Apr 2, 2019

A change of venue isn't likely solely due to the need to recuse judges. The LA Supreme Court can appoint a retired judge, or a judge from another jurisdiction to hear your case if all of the judges in that district have been recused.

1 Answer | Asked in Child Custody for Louisiana on

Q: I have been to court 2 times with 2 custody evaluators in the case. I need to fight again but have no money. Can you hep

I just found out my son had been raped 2 times in my ex custody. Please help!

Douglas Lee Bryan answered on Mar 29, 2019

If you have credible information establishing the sexual abuse, you should call the police and DCFS right away. You can also check with your local clerk of court or District Attorney's office (ask for the domestic abuse advocate) for the forms necessary to seek a domestic abuse restraining order... Read more »

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

Q: I made a child that I did not want from a mother that I was never with outside the obvious. How can I surrender rights?

I have tried to be the adult and responsible father by co parenting but she refuses to allow me to see my son unless I am at her parent's home where she resides by myself. She also has asked me to stop trying to send her things and if I mail her anything else for him, she was going to return to... Read more »

Ellen Cronin Badeaux answered on Mar 28, 2019

Your rights can't be terminated unless her husband wants to adopt. If you want to co-parent, you can hire an attorney to seek joint custody

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

Q: How is it my daughter husband ONLY served 3months in jail for 2ND DEGREE ASSAULT WITH WEAPON?

Daughter husband been arrested for 2nd degree assault. He been arrested Jan 27, 2019. His release date is April 27, 2019. only spend three months in jail!!!! Daughter sustained unconsciousness because of beating physically with a steel baseball bat, broken elbow, shoulder, ribs and *bite marks*... Read more »

Douglas Lee Bryan answered on Mar 26, 2019

That is a question best asked of the assistant DA or victim's assistance coordinator with the DA's office.

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

Q: I have a custody agreement from out of state how do I put it on file in Louisiana?

The non-custodial parent lives in Louisiana, and in the past we have been unable to have Louisiana enforce our custody agreement because it wasn't on file in Louisiana, and if we wanted them to enforce it we would of had to see a judge to get him to acknowledge our agreement.

Ellen Cronin Badeaux answered on Mar 25, 2019

File for Contempt in the State in which you and the minor child live.

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