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Louisiana Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What are Louisiana's laws on rights for a non-biological parent?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 4, 2020

You need to ask a more specific question. Are you an adoptive parent or a step-parent?

1 Answer | Asked in Family Law for Louisiana on
Q: At seventeen am I allowed to determine what parent I live with even if one has full custody.

One parent has full custody and dose not allow me to see the other.

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

No, you have input but not the final say until your 18th birthday.

1 Answer | Asked in Family Law for Louisiana on
Q: My 1 year old lives with me and I don’t work but we live under my mom so she claimed him can the father do anything?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 28, 2020

You still need to get legal custody. Then if your mother claims you, she can claim him. Otherwise she would have to seek custody to claim him.

1 Answer | Asked in Family Law for Louisiana on
Q: My sons father & I are not married. He is on his birth certificate. What are my rights if our son lives with me (mother)
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 28, 2020

You still need to file for custody and child support or he can take your child and not return him.

1 Answer | Asked in Family Law for Louisiana on
Q: My hiusband went to my moms and took our daughters while I was working. He changed his phone number. Is this legal?

My husband is keeping any info on our kids from me and denying me right to talk to them. I have no means to know if they are okay or not.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 27, 2020

If you did not have a Custody Judgment, this was legal. You need a custody lawyer.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: My son’s father is threatenin me wit sole custody of our son and refusin me to have unsupervised visits wit our son.

What do I do?

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

Hire a custody lawyer to seek shared custody or visitation

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Louisiana on
Q: I have a 17 year old sister in Louisiana who feels unsafe at home ,has tried to commit suicide twice. can she move .

her dad don't want her to move and she has been wanting to move with me to Texas I fear for her safety.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 22, 2020

She can't move until she is 18 or you can be criminally charged. Call 911 if she is in danger.

1 Answer | Asked in Criminal Law and Family Law for Louisiana on
Q: My name is Ella and I've been married for 15 years me and my husband has been separated 6 years.

My husband took my vehicle without permission and the car is under my name. could I pursue criminal charges.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 22, 2020

If the car was purchased during the marriage, no. If it was purchased before the marriage, yes.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can my rights be taken away without me knowing?

My children’s father has had them the last 2 years. He never brought them back from a summer visit. I live in Texas and he lives in Louisiana. We had child support court where the judge ruled for them to stay with him while in school ( he enrolled them in school) until we went back to court. They... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 20, 2020

Hire an attorney in his parish in louisiana requesting joint custody and visitation.

1 Answer | Asked in Family Law and Legal Malpractice for Louisiana on
Q: i seen many people move out at age 17 in louisiana. i turn 17 in apri, is it legal if i decide to move out too?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 18, 2020

No you are a minor until you turn 18.

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: In Louisiana if a father wants to voluntarily terminate/surrender his right, is that possible.

If not, is there another way his rights can be terminated. She is going to be 10 soon and has seen her only 2 times. Once when she was a couple weeks old and once when she was a toddler.

Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 18, 2020

He can voluntarily surrender his rights for purposes of surrendering the child for adoption. For instance, if your husband wishes to adopt her, he can surrender. Technically, if he has failed to communicate with the child without just cause for the last 6 months, his consent isn't even required.

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2 Answers | Asked in Family Law for Louisiana on
Q: We are in a state where the coronavirus is spreading rapidly. Is that a valid cause to deny visitation?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 17, 2020

You get the prize for being the first to ask the question that I predicted Sunday would come up A LOT. The courts are all suspended and this is new so no judge has yet ruled on it. But I guaranty you, a lot of attorneys will be making thus argument. Sending a child back and forth between parents... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Can I do anything legally to my ex for calling ocs because I filled for custody and support?

My ex called ocs on me for neglect because he knows I have filled for custody and support so he is trying to make me look like a bad parent. Can I do anything?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 15, 2020

Yes, hire a family law attorney to represent you in both family and juvenile court and who can seek to stick him with attorney fees & court costs.

2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: My ex wife is very hostile towards me. Our kids are 8 and 11, what could she do if I leave them home alone while at work

I would be gone 3 or 4 hours max, they would have a cell phone, they know all 3 of our connecting neighbors (one of whom is a cop), and they would know not to open the door for anybody. My ex will take any opportunity to attack me and I want to be sure she can't come after me for it.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 14, 2020

Ah NO. See if the cop or his wife can watch your kids or another of your connecting neighbors. 11 yr old is old enough to stay home alone but NOT old enough to babysit until age 14.

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2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: What can I do if my mom is not following court orders?

My mom has temp. Custody of my son. I have visitation rights through the court which consists of 2 days a week, 4 hours each visit. I beg her every single day to see him but she always comes up with an excuse. I'll be lucky if I get to see him once a week. I've applied for an attorney through legal... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 13, 2020

I cant tell from your question if your case is in juvenile court or family court. You need a consultation with an attorney to provide more information.

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2 Answers | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Can my son's stepfather get legal parental rights since my son's biological father passed away recently?

My son is 14. His bio father died recently. What can I do so that my husband can have legal parental rights without changing my son's last name or his Birth Certificate?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 10, 2020

You can enter a Cinsent Judgment splitting custody with him. Hire a custody lawyer or mediator.

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1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: If your spouce has voluntarily left the home and has filed a petition for divorce. Can the other spouce change the locks

On the home?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 9, 2020

If the home is in both names, you can change the locks and spouse can get back in.

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Louisiana on
Q: How can I get my parental rights back if they were taken?

My son mother put him up for adoption while I was incarcerated without me knowing and my consent. By time I got any letter or documents it was a few days before the hearing and I couldn’t get a lawyer or anything. I showed up to court and they took away my parental rights and said when I got out... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 9, 2020

You need a consultation with an adoption lawyer. Some of this depends on when this happened.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Do u have to go in front of a judge to sign custody over to a family member? Is there a way to get copies of agreement?

Had my son when I was young! As stupid as it sounds, I was tricked into signing custody over too my aunt (shes who raised me). I was told that the papers I was signing was for something else . My fault for not reading them , but I would of never imagined her doing something so cruel to me. When the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 9, 2020

You can hire an attorney to change custody and get copies of whatever you signed.

1 Answer | Asked in Criminal Law and Family Law for Louisiana on
Q: Can you let a 3 or 4 year old play outside with supervision? In the road?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 2, 2020

If you have a driveway, keep small children out of the road, except when they are trying to learn how to ride a bike. If you don't have a driveway, learning to ride a bike, basketball, are OK with supervision.

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