Louisiana Child Custody Questions & Answers

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.

Give me a call, and I'll be...
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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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Q: My husband wants to see if he can get his son from the mother

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Answered on Feb 15, 2017

He needs to seek the assistance of an attorney that handles custody matters as soon as possible. The longer one takes to assert his rights in such a case, usually the worse the chance of success. Give me a call, toll free, at 866-Doug-Bryan (368-4279) or email me at doug@dougbryanlaw.com if I can be of help.
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Q: My mother adopted my daughter around 2 years old and stated in the adoption if she passed away before the child turns 18

1 Answer | Asked in Adoption and Child Custody for Louisiana on
Answered on Feb 15, 2017

I have never seen a provision in a judgment of adoption that the surrendering parent would automatically get the child back if the adopting parent died. She may have put that in her will. Nonetheless, I believe any such provision would only have the force of "suggesting" to the judge that such was her desire. I don't believe it would have any binding effect on the court. Upon your mother's death, anyone could file asking for custody of the child. The standard the judge would use would be...
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Q: Can an agreement be made through the custodial and non custodial parent for visitation without a lawyer?

1 Answer | Asked in Child Custody for Louisiana on
Answered on Jan 18, 2017
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Q: The court is making me pay my arrears and support on my daughter that made 19 and graduated in 2015. Is the normal?

1 Answer | Asked in Child Custody, Child Support, Employment Law and Family Law for Louisiana on
Answered on Aug 29, 2016

Yes you still have to pay the child support you did not pay before your daughter became an adult. It is owed for the time your ex-wife was taking care of her and not receiving support.

If your children are being taken care of by someone else and they are not adults, you may be able to take your ex-wife to court for custody but you still owe child support until you do that.

It is normal to suspend the drivers license of someone who is behind on child support but they normally...
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Q: I have joint custody of daughter , ex wife is custodian who just lost home and whole community is devastated by flood.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Answered on Aug 19, 2016

In most cases, a judge is not going to change custody over a natural disaster. If there are other circumstances you may be able to change custody but a judge should not change custody over the current historic flooding because it simply is not the mother's fault. As the domiciliary parent, she has a right to demand you did not put the daughter in school where you live.
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