Louisiana Family Law Questions & Answers

Q: What steps can I take when my sister lied on a legal document saying she is the only heir

1 Answer | Asked in Family Law and Probate for Louisiana on
Answered on Oct 15, 2017

Please clarify whether the suit has been decided. If not, you may a motion to become an appropriate party to Court proceedings. If yes, you have a right to file a suit for misrepresentation, fraud and cheating. For specific advice, consult Attorney of local jurisdiction.
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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: My son will be 17 in two montths and wants ti move out. Can I get in trouble if I let him?

1 Answer | Asked in Family Law and Juvenile Law for Louisiana on
Answered on Sep 21, 2017

I don't see how you can get in trouble; however, I would suggest that you do a Voluntary Transfer of Custody. This will be required if the school board where he'll be attending is operating under a Federal desgregation order, and most school boards in LA still are. This may also afford you some protection if he causes some trouble down the road. Feel free to give me a call should you like to discuss further.
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Q: Should I hire an attorney in Louisiana or Michigan?

1 Answer | Asked in Family Law and Child Support for Louisiana on
Answered on Sep 21, 2017

I think you should begin with a Louisiana attorney, if the child lives in Louisiana. Once you obtain the Louisiana judgment, then Michigan support enforcement should pick it up and enforce it.
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Q: My grandmother died and left her house to her kids,My mom passed away. How much of the house do I inherit??

1 Answer | Asked in Estate Planning, Real Estate Law and Family Law for Louisiana on
Answered on Sep 14, 2017

If your mom survived your grandmother, the transfer of her estate is dictated either by a will or state law. Because she likely inherited a portion of your grandmother's home, that portion would be considered her separate property and that interest would pass to her children absent a will directing otherwise.
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Q: Me and my ex husband has joint custody of our 15 yr old daughter. He is taking me to court to have my rights terminated!

1 Answer | Asked in Adoption and Family Law for Louisiana on
Answered on Sep 7, 2017

There are certain circumstances where this can happen if you haven't exercised visitation rights in a certain amount or time or haven't paid child support in a certain amount of time. You'll want to contact an attorney immediately regarding this.
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Q: What does Art. 4463 Tutor without bond mean in laymens terms. Court may dispense with the furnishing of security

1 Answer | Asked in Family Law and Juvenile Law for Louisiana on
Answered on Sep 5, 2017

Without bond just means that the tutor does not have to give to the court any security or monetary guarantee that they will perform the duties faithfully in being the tutor for the child. For example, you can compare it to when someone wants to get out of jail, they will put up a bond to ensure they will appear for court. A bond for a tutor ensures that that they will perform their duties correctly or they could lose the bond / be required to pay the amount of the bond. Regardless of whether...
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Q: My ex husband got arrested for domestic abuse child endangerment and domestic abuse battery. I have my son

1 Answer | Asked in Family Law for Louisiana on
Answered on Sep 5, 2017

The clerk of court for your parish may have pre-printed ex parte custody forms, so you'll need to call and ask if one is available. If they do, you can do it on your own, but you should at least have a consultation with an attorney as there can be many moving parts for an ex parte petition. For example, you'll also probably want to ask for permanent sole custody and a modification of child support, depending on the situation. There also may want to be other relief you want to ask for, and...
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Q: is there any way to get around a next of kin authorization of cremation?

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Elder Law for Louisiana on
Answered on Aug 28, 2017

A directive/authorization for cremation can be made by a Testator to an individual, other than a family member, in a valid Louisiana Will. Typically, that is the only way to get around the family requirement. You mention that you previously had POA for the Decedent, but not sure of the scope of the Will. If this authorization was not provided in a valid Will format, then LA law provides a ranking of classes of family that can provide the authorization - surviving spouse, then a majority of...
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Q: I need a legal aid Attorney to help with my Divorce. And I dont have alot of money

1 Answer | Asked in Family Law for Louisiana on
Answered on Aug 25, 2017

Call The Pro Bono Project at 504-581-4043 or Southeast Louisiana Legal Services at 504-529-1000.
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Q: My parents co-own a homer in Louisiana for five years..I have lived in that home

1 Answer | Asked in Elder Law, Family Law, Domestic Violence and Real Estate Law for Louisiana on
Answered on Aug 19, 2017

This is not a problem that a quick, online answer can do any good.

First, contact these listed Super Lawyers, to get someone to advise you. Some issues you raise are possibly not something you can prevent. http://attorneys.superlawyers.com/elder-law/louisiana/new-orleans/
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Q: when my father died should i have got a part of his life insurance, part of his assets, and part of his house?

2 Answers | Asked in Adoption, Civil Rights, Estate Planning and Family Law for Louisiana on
Answered on Aug 14, 2017

In Louisiana, if a person dies without a will and leaves children, then the children inherit his estate, subject to a usufruct (right of use) in favor his surviving spouse until her death or remarriage. His succession would have been filed in court in the parish of residence at the time of his death; therefore, you should be able to determine by calling the clerk of court whether (1) a succession was ever opened on him, and (2) whether he had a will. His will, if he had one, would have to...
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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: 16 year old boy rights when mother hasn't raised him but his dad died and she is now forcing him to move out of state.

1 Answer | Asked in Family Law and Juvenile Law for Louisiana on
Answered on Aug 6, 2017

The grandparents need to file for custody if they haven't already. While a parent's right to custody of their child is paramount in Louisiana, the child's safety and stability are what's most important. Therefore, there will be situations where custody will be awarded to non-parents, such as grandparents, and the scenario you are describing sounds like a prime example. Give me a call at (866) Doug-Bryan (866-368-4279), and I'll be happy to discuss this with you further.
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Q: what rights does a person have if her boyfriend tells her to be out in 2 days and she been living with him 2 years plus

1 Answer | Asked in Landlord - Tenant and Family Law for Louisiana on
Answered on Jul 16, 2017

Unfortunately, if he owns the home, she has no real title right to enforce. Same end result, if she is not shown as a lessee on the lease. I would recommend trying to work out a do-able schedule for leaving and being done with the situation.
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Q: Is the widow of dead attorney in LA entitled to proceeds of the suits he worked on before he died? He was firm owner.

1 Answer | Asked in Estate Planning, Family Law and Probate for Louisiana on
Answered on Jul 5, 2017

To the extent that the Decedent earned income, it is now due his estate. To determine who takes to that estate, the nature of the property in the estate must first be confirmed - is it separate or community? There are different, default inheritance rules for each type of property. Thus, the language of any pre-nup agreement and any will are crucial.
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Q: Twins born and the paternal father was not who I was married to. Need to change their last name. How do I do it?

1 Answer | Asked in Family Law for Louisiana on
Answered on Jun 26, 2017

The biological father will have to file a petition to establish paternity. While it is somewhat complicated for someone who is not familiar with the process, an attorney who experienced in this area can help you. Give me a call and I'll be happy to help.
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Q: Its my husbands weekend with his kids. The mother refused to give the kids how do we get a civil warrant for lost time?

1 Answer | Asked in Family Law for Louisiana on
Answered on Jun 19, 2017

Your husband needs to file a Rule for Contempt. The court can order that she allow him make up time as part of her punishment for contempt. He would also be entitled to attorney fees and court costs due to the necessity of having to bring the matter to court.
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Q: me and my sons father are trying him living with him for just a year. hes leagaly ordered to pay CS. Does that change?

1 Answer | Asked in Family Law for Louisiana on
Answered on Jun 9, 2017

It does not automatically change. However, he could file to have the child support terminated, and he can file to receive child support from you.
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