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Louisiana Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: How do my fiancé and I get 50/50 custody of his 6 year old daughter?

The mother is an alcoholic. She has been driving drunk with the child in the car numerous times, even to bring her to my fiancé's mother's house. She lives in a terrible house with mice, mold, and holes in the walls. She is remarried and is the domilicary parent but never includes my... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 11, 2021

You need to hire a child custody lawyer and bring the Mother back to Court to seek a change in the current custody arrangements.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: If I do not bring my infant to his mom .. I'm the father. Can I get in trouble. What is my rights

My son is not safe around his mom. I wanna know can I keep him til we go to court. Or will I be charged for kidnapping

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 8, 2021

Hire an attorney to file for Emergency Custody before she does. If there is no current custody judgment, then you cannot be arrested for kidnapping.

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: Can i do something about my parents arrears?

I'm 29. Never lived with either of my parents, basically. They are taking money out of my mom's unemployment and from her last two employers. She signed his off years ago and he was SUPPOSED to do the same when he got out of jail but didn't. Is there a way i can receive that money... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 8, 2021

If the child support is just to pay the state back for your medicaid premium for 18 years, then no, you can't stop it or get it.

If the child support goes to your Dad for arrears, then no you can't stop it or get it. If the child support goes to your Dad for ongoing child...
Read more »

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: Consent Judgment says no child support due to equal income now he makes more money. Can it be modified?

Consent Judment signed and agreed upon in 2019. Divorced finalized 2020

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 6, 2021

Yes, if it would result in at least a 25% increase in child support. Call a child support lawyer to run the calculations for you,

1 Answer | Asked in Family Law for Louisiana on
Q: How does a mother get control or guardianship over her 33 yr old schizophrenic, mentally unstable homeless daughter.

She is being led by a drug fueled homeless vagrant who has drugged her and has stolen and has refused to give her her prescribed mental health medication

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 1, 2021

Mother can hire an attorney to get an interdiction started and then call the coroner to issue a PEC.

1 Answer | Asked in Family Law and Adoption for Louisiana on
Q: Bio dad out of picture since aug of 2019 husband wants to adopt

My daughter is about to be 3 and has not seen real father since she was 1, real dad did not sign birth cert and has a history of violence, beat his dad up, and abused me and ex wife also has a long history of drug abuse having an overdose in 2019 where he was on life support for 3 days. He... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 26, 2021

Yes, hire an adoption attorney.

2 Answers | Asked in Family Law and Adoption for Louisiana on
Q: Yes my fiancee and I live in Louisiana, and a close family friend is living with use because she really has no other opt

opportunity to live anywhere else but in the streets or what would be called couch surfing! She is 26 weeks pregnant with a boy and doesn't want him because she has no stability, financial help, and has a drug problem when not pregnant! She has two other children being cared for by family... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on May 19, 2021

You and your fiancé should consult with an attorney who handles adoptions as soon as possible There are steps that should be taken prior to the child's birth. Also, you and your significant other should consider getting married, as the stability of your relationship will be an issue for the... Read more »

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1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: I live in Louisiana and my child is 11 yrs old as of now. Her biological father did not pay child support from

July 2014-Dec 2019 at $711 a month. ($46,926 in arrears) The state now is garnishing his paycheck for his current monthly amount though how do I get the arrears owed? He has 4 daughters w/ 4 different mothers. The oldest has aged out since the child support was finalized by judge in 2012. He is... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2021

You need to get an executory judgment for the full amount of arrears. Then file that against him with the Clerk of Court as a personal lien. Then renew it every 10 years. Your attorney can also do a judgment debtor rule.

1 Answer | Asked in Family Law for Louisiana on
Q: The mother of my children filed a false TRO She did not show to the hearing.

If she shows back can I deny entry to her, because I no longer trust her. Her name is currently on the lease, but I’ve contacted my landlord and am waiting on a new copy of the lease without her on it

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2021

You need a new lease and new lock ASAP.

1 Answer | Asked in Family Law for Louisiana on
Q: In LA, can a 17 year old be forced to live with her mother after living with a non family member for 16 years?

There is no legal paperwork done, however it can be proven through receipts and witnesses

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2021

Your non-family member needs to file for custody or you are going back to Mom.

1 Answer | Asked in Family Law and Elder Law for Louisiana on
Q: If I have a parent who is constantly confused, lying about events and circumstances to police, how do I stop this.

I need my clearly distraught over my father's death, and clearly in need of mental health Mother' medical attention.asap, before her lies and misconstrued mind has the police believing im.a monster and arrested ,and I'm not even in the same parish as her morning same house..please... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 15, 2021

You have 2 choices:

1) cut all connection to her. Change your email & phone number and get off social media. Perhaps also get an attorney to file a Restraining Order.

2) if you think it is a mental health/substance abuse issue, an attorney in her parish/county can do an...
Read more »

1 Answer | Asked in Family Law and Juvenile Law for Louisiana on
Q: Eariler i had asked if i could move out at 17 in loiusianna

I was answered with a you can move out with a friend once your 18 what about the permission law saying if the law is called by your parent in louisanna because you left while being 17 the law cant mdo anything about it because you are the permission age meaning you dont need your parents permission?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 14, 2021

No such thing as permission law.

1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: How do you get a birth or death certificate when you don't know either date?

Uncle died and we were dividing things up until we found out he sold a piece to his son who died shortly there after. I don't know the sons birth or death date, just his name.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 11, 2021

I am assuming that would be your cousin. First you can look for an obituary on line. Second you can contact vital records.

1 Answer | Asked in Family Law for Louisiana on
Q: Situation: What do I have to do , to give a non family member my children, in the event of my death?

My husband is mentally ill, he does not handle money well, he is in recovery from drugs and relapses often. If I pass away, he is incapable of caring for our 3 small children, he spends money as soon as he gets it. He can not manage them while he is even getting help. He replaces drugs with... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 10, 2021

Put custody in your will, get your successions attorney to draft the will and a trust. Seek sole untidy now

1 Answer | Asked in Family Law for Louisiana on
Q: If i live in louisianna and im 17 can i move out and live with a friend

I want to move out with a friend because the rules at my house are rediculous im 17 and i dont have a phone and when i go out and buy one myself my parents take it away and smash it with a hammer

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 9, 2021

You can move out and live with a friend in Louisiana when you turn 18.

1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: My ex wife had a inheritance account she spent money out of a d wants half of the money she spent back? Is that legal

Live in Louisiana. She spent money out of her account through your marriage on a variety of things. Food, house note, etc. am I legally obligated to pay that back? And if so wouldn’t that open her account up as community property

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 4, 2021

Your attorney should be able to argue that daily expenditure was a gift. But for any major expenditure, like a home remodel or car, she would be entitled to a reimbursement if she has the bank statement, invoice, or cancelled check to prove it.

1 Answer | Asked in Family Law and Adoption for Louisiana on
Q: I want to adopt my soon to be 18 year old step daughter

Me and my wife have been for 9 years i want to adopt my daughter i have been helping raise her sonce she was 2 years old and i know the biological father will not sign the paperwork what can i do? He has not paid child support in about 4 years he hasn't even seen her in 2 years

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 4, 2021

The biological father does not have to agree. Hire an adoption lawyer.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can I move out of my house at 17 because of my circumstance.

I have a job, i have a place to live, and i will be graduating this summer. The police are investigating my house because of molestation and abuse, done on me and my brother. This house is causing me to go into a bad depression and I hate living here. I am diagnosed with PTSD from my abusive... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 30, 2021

You need a friend or relative to file for custody of you.

1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: If I, the father, am remarried and have another child, will that make my child support amount decrease?

I have a 14 year old son with my ex-wife, to whom I pay child support. We have 50/50 custody and time with him. I am remarried and have another child, 1 yr old. Because of another dependent in my household, could the amount of child support decrease? Also, my son’s mother hasn’t paid rent or... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 30, 2021

Ex wife's income will get you a decrease. One year old will not get you a decrease.

3 Answers | Asked in Family Law and Child Support for Louisiana on
Q: Son's father hasn't paid child support in years, last judgement is 12 years old, is father still responsible to pay me ?

In November of 2009 me and my sons father went to court and it was ordered he pay $260 a month in child support. For a couple of years he did but for the past 5 years or so he hasn't. Everytime I asked for it, he would make up some excuse, tell me he is broke, promise future payment but not... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 30, 2021

The father is completely wrong. The Judgment is in force until your child turns 18 or graduates from high school but no later than 19. Before he hits 18 file for contempt and get a judgment of arrears. Then THAT judgment needs to be renewed every 10 years

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