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Louisiana Family Law Questions & Answers
1 Answer | Asked in Family Law and Adoption for Louisiana on
Q: If my rights where terminated and my father adopted my daughter can I get her back she's 15 now and wants to be with me
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 14, 2020

Your rights were terminated when she was adopted and you can't get her back until she is 18.

2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: Ex isn’t paying car payment that she got in divorce but it’s in my name.

Do I have to hire a lawyer to sue her to make her pay the payment. After a year she letting car go back because it’s in my name but in the divorce she got all rights to the car cause she wanted the car. She has mess my credit score up.

Stephen Rue
Stephen Rue answered on Jul 13, 2020

The community property judgement co trips if you have one.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Can I (legally) move out at 17?

I'm 17 years old and cant stand my father or his girlfriends toxic behavior. It is seriously deteriorating my mental health and i really want to move out already. I dont turn 18 until next May and just want to know if I will be held legally accountable if I leave, since i know he wont consent... Read more »

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

No you are a minor.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: If both parents move away from the Parish in which custody arrangements were first ordered, do they relocate the case?

I currently reside in Jefferson Parish and my ex, in St. Tammany. My child told me his dad is buying a home in Metairie or New Orleans soon, so I wonder, will St. Tammany court lose jurisdiction?

Stephen Rue
Stephen Rue answered on Jul 11, 2020

To a degree it depends on the prior judgment, who is designated the primary domiciliary patent and whether the relocation was agreed to. See a lawyer.

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2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: I feel like my attorney is not trying to represent me very well and I am do for court on Tuesday. Can I hire another .

I am domicile parent of my 11 year old son. My ex-husband is behind on child support and is now remarried. The two of them are all the sudden taking me to court 7/14/2020 to try and gain custody of my son. My son gets extreme anxiety when it gets closure to his dad's week and I have yet to get... Read more »

Stephen Rue
Stephen Rue answered on Jul 11, 2020

You should Candidly talk to your attorney about how you feel. You could always hire another attorney but an attorney ref net needs time to know your case and prepare.

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1 Answer | Asked in Family Law for Louisiana on
Q: Motion to compel: Does a discovery conference or phone call have to be declared a 10.1 conference before it begins?

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

Written Notice of a 10.1 has to be sent by fax or email or USPS and must be attached to the Motion to Compel.

1 Answer | Asked in Family Law for Louisiana on
Q: I just wanted to get my name change to what it supposed to be and I’m asking how much do I have to pay my name is

I want my daddy last name it’s xxxx he’s dead and I know he will not be on my birth certificate can you help me do this please and thank you!

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

Call a family law attorney who does name changes. Attorneys cannot quote prices on Justia.

1 Answer | Asked in Family Law for Louisiana on
Q: My grandma passed a week ago. She has 5 kids, but left me her house in a will, I have the will. What do i do?

I live in LA the home is in MS

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

Hire a succession attorney and open the succession now.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My attorney said I can’t be present for my spousal support hearing and I don’t know why. Can I be denied that right?

...

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

In 27 years I have never heard of that. Is there a protective order?

3 Answers | Asked in Estate Planning and Family Law for Louisiana on
Q: How do I get legal right to care for medically incapacitated relative?

My father, a resident of the Louisiana, had a stroke and is unconscious. I’m am a resident of Oklahoma. We would like someone in the family (me, our parents, or his brother) to have access to his finances to pay bills and maintain his home, etc. We would like to be legally able to make any... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 8, 2020

It is true that you cannot obtain a power of attorney from a person who is incapacitated. You need to petition the court to have someone appointed as the incapacitated person's legal conservator and guardian.

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2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: During exparte do I have rights to see my son every 15 days? Also the 30 day hearing rule, what if it's set for 31?
Stephen Rue
Stephen Rue answered on Jul 7, 2020

Article 3945 allows one to seek an ex parte emergency custody which is temporary subject to a heating within 15 days if the temporary custody request is granted.

Stephen Rue

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2 Answers | Asked in Family Law for Louisiana on
Q: This lady left her 15 year old daughter in the house the Mom leaves at 2am daughter said her mom had been drinking

The daughter calls several times mom won't answer mom comes in at 9am..what does law say

Stephen Rue
Stephen Rue answered on Jul 2, 2020

Call child protection let them investigate

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1 Answer | Asked in Family Law for Louisiana on
Q: Does Louisiana recognize guardianship or would I have to file for custody? Is going through DCFS the only way to...cont

Get Guardianship. I have been taking care of my siblings financially since I was 17 now I’m about to be deployed and I want to continue to take care of them financially By having the military send the money out of my pay but they said I need papers to show guardianship. I’m not trying to get... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 28, 2020

You need to talk to a custody lawyer so your siblings don't go to foster care.

1 Answer | Asked in Family Law for Louisiana on
Q: My daughter is 16 and has decided to move out of state to live with her father.

She went to visit a friend for a week but wanted to go see her father, which she hasn't seen in a year and a half due to him disowning her and among other things. She went through counseling for months cause of it last year. Well sue went they talked and everything seems ok so she decided to... Read more »

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

Hire a custody lawyer and file for custody and child support here

2 Answers | Asked in Family Law for Louisiana on
Q: How do I set regulated visitation?

My boyfriend and I have a two year old son together. We recently moved from mississippI to louisiana and we split up so he moved back to mississippi. His whole family has covid-19 however he wants to come to take my son to live with them. I need legal advice asap on what to do.

Stephen Rue
Stephen Rue answered on Jun 24, 2020

Have a lawyer file for an Ex Parte Emergency Custody Order and Injunction

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3 Answers | Asked in Adoption and Family Law for Louisiana on
Q: Do I need an attorney? My husband wants to adopt my son and the biological dad is willing to relinquish his rights.

The biological dad lives in California and hasn't had anything to do with my son for 9 years. My husband and I live in Louisiana. We don't know if there's anyway we can represent ourselves, or if we just have to have an attorney.

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 23, 2020

I strongly recommend hiring a lawyer to handle your intrafamily adoption. The requirements for an adoption are specific, and a simple mistake can make the adoption invalid. Intrafamily adoptions are quicker and generally are less costly than a private adoption.

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2 Answers | Asked in Child Custody and Family Law for Louisiana on
Q: Moving child out of state?

If there is no written custody agreement between the father and I what steps do I need to take to legally move out of state with the child given that the other parent is fine with it? He pays child support and we have never had an issue remaining civil when it came to moving within the state or... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 23, 2020

Have your attorney prepare a Notice and Consent Judgment. Then start packing.

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1 Answer | Asked in Family Law for Louisiana on
Q: Can I sue ex daughter in law for visitation with grandchild in Louisiana?

My son has joint custody but she has kept her from him since Covid 19 started. She used same excuse when we went to visit and wouldn't allow us to see her. Said she's afraid she'll come home and make her other baby sick.

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

Your son can hire a custody lawyer to hold her in contempt.

1 Answer | Asked in Family Law for Louisiana on
Q: I have CPS questions

What happens after CPS and the judge say adoption?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 17, 2020

Call a Juvenile Court lawyer. The parents rights will be terminated and an adoption will occur.

2 Answers | Asked in Family Law and Adoption for Louisiana on
Q: My son's father wants to waive his rights to his son to my current husband. How do we go about doing this?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 17, 2020

If your son's father is willing to sign a Surrender, then your husband can adopt. Hire an adoption attorney.

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