Louisiana Family Law Questions & Answers

Q: how much time has to pass with my daughters father abandoning her before his rights are forfeit?

1 Answer | Asked in Family Law for Louisiana on
Answered on May 22, 2017

A parent's rights are not automatically terminated under Louisiana law. However, one's parental rights can usually be terminated under two scenarios: first, by the state in a "child in need of care" proceeding when the parent either has committed a crime where the child is the victim (ie. molestation, rape, etc.) or has failed to work the state's reunification plan; or second, in an adoption proceeding where the parent has either failed to communicate with the child without just cause or has...
View Details »

Q: My father had a will leaving me(hisonlyson) his property. Just before he died he changed it to 75% to his girlfriend.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Louisiana on
Answered on May 19, 2017

There are a few variables here - first is the will even valid? Only two forms of wills are permissible under Louisiana law and the form must be strictly followed. If the will was invalid and he was not married, an intestate (without a will) succession could result in the property going to you, the only descendant, by operation of law. If the will is valid, there are still ways to contest, but it is difficult. Generally, a notarial will is self-proving but can still be overcome, if you can...
View Details »

Q: If a person signs affidavit claiming that the Will before him is the descent handwriting bc he has seen it beforehand

2 Answers | Asked in Family Law, Civil Rights, Probate and Wrongful Death for Louisiana on
Answered on May 11, 2017

There is not a penalty for being WRONG, there is a penalty for KNOWINGLY misrepresenting or lying. If the affiant HONESTLY believed the handwriting was the same then there isn't a problem even if the handwriting is later proven to be faked. The 'trick' here is proof. Does the handwriting 'look' right even though an expert analysis shows flaws? Or is it more like Bart Simpson's chalkboard writing when the decedent could have been used as a Palmer handwriting model? In other words, how likely IS...
View Details »

Q: Do I have to sign my parental rights over for my 16 yr old son who wants to live with his ex step father

1 Answer | Asked in Family Law for Louisiana on
Answered on May 6, 2017

No, this could be done by either signing a Provisional Custody by Mandate or a Petition for Voluntary Transfer of Custody. I could prepare either for you. Feel free to give me a call.
View Details »

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.
View Details »

Q: My sister has down syndrome. Her Dad died last week. Neither her nor my other sister was mentioned in the will.

1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Answered on Apr 11, 2017

You are correct that your daughter with Downs Syndrome is a forced heir. You would need to consult with an attorney as soon as possible to intervene in the succession proceedings to assert her claim against his estate. Give me a call and I'll be happy to help you further.
View Details »

Q: Mother and I wants me removed from the child's birth certificate. Do I need an attorney to disavow?

1 Answer | Asked in Family Law for Louisiana on
Answered on Apr 11, 2017

Unless you know what you are doing, that is always my recommendation to make sure the disavowal is properly done.
View Details »

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.
View Details »

Q: Can i choose which parent i would rather live with?

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

Ultimately it is either the parents' decision or the judge's. However, while a minor cannot "decide" which parent to live with, as the child gets older his or her preference becomes more important to the judge. If a 15 year old has a mature, well-reasoned preference, especially in the scenario you have described, a judge would be hard-pressed to not give it a tremendous amount of weight.

I strongly recommend that you speak with your father about the conditions in which you are living,...
View Details »

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.
View Details »

Q: I sent the non custodial parent intent to relocate letter according to Louisiana Statute 9:355.5. What if he don't respo

1 Answer | Asked in Family Law for Louisiana on
Answered on Apr 3, 2017

Under LA law, if he refuses the letter, of if it's returned "unclaimed," then the notice is legally considered as being delivered to him. Therefore, if he fails to object within the statutory timeframe, you are free thereafter to move. Good luck.
View Details »

Q: Can I aid in my fiances defense of domestice felony by strangulation?

1 Answer | Asked in Criminal Law and Family Law for Louisiana on
Answered on Apr 3, 2017

In Louisiana, a spouse cannot be forced to testify against his/her spouse. Therefore, you may assist him by refusing to testify. Good luck.
View Details »

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.
View Details »

Q: AFTER SENDING THE INTENT TO RELOCATE LETTER TO NON CUSTODIAL PARENT WHAT HAPPENS IF HE OBJECTS BUT DOESNT FILE A MOTION?

1 Answer | Asked in Family Law for Louisiana on
Answered on Mar 22, 2017

My understanding of the law is that his objection must be done in the court proceedings in which your custody decree is entered. If he hasn't done so, I would say you may relocate without being in violation of the relocation statute. If he objected by filing his objection in the court suit, my recommendation would be to file for court approval of your proposed relocation. Give me a call; I'd be happy to discuss this with you further.
View Details »

Q: My son's father has recently gotten custody back even though he was behind 10k Is there anything I can do?

1 Answer | Asked in Family Law for Louisiana on
Answered on Mar 21, 2017

You can file a rule for contempt for the back child support, and for the refusal to allow visitation if that is a violation of an existing custody order. You should consult with an attorney regarding these matters. I'd be happy to speak with you and advise you as to the steps I can take to help you. Give me a call, toll-free, at 866-368-4279.
View Details »

Q: Is there a way to legally bind two people, as in they always to be together?

1 Answer | Asked in Family Law for Louisiana on
Answered on Mar 10, 2017

First of all, congratulations to your husband. As to your question, the only law I can think of that would grant any such privilege would be if he was declared physically or mentally incompetent and was interdicted, with you being appointed as his legal curator. Or, perhaps if he had some other disability that required you to care for him.

Again, congrats and good luck.
View Details »

Q: How to establish paternity in Louisiana

1 Answer | Asked in Family Law for Louisiana on
Answered on Mar 7, 2017

From what you're saying, it does not appear that your fiancé was properly served. The first thing he needs to do is hire an attorney to file an exception of improper service and to have the judgment annulled, since he wasn't properly put on notice. Once that is done, he can force the mother to submit to DNA testing to determine paternity. I'd be happy to help. Have him give me a call!
View Details »

Q: My ex husband has not seen my son in 8 years

1 Answer | Asked in Family Law and Child Support for Louisiana on
Answered on Mar 7, 2017

In Louisiana, the statute of limitations (deadline) for recovering back child support is ten years. So yes, you should be able to file suit to recover at least a portion of the delinquent child support. It's important to act now, however, because each month that passes is another month that you will likely be unable to recover. Give me a call; I'd be happy to help you with this matter.
View Details »

Q: What is needed to prove adultry in Louisiana? Can him confessing to it on a recording be used?

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

Yes, such a recording can be used. It would have to be proved by a preponderance of the evidence (more likely than not) that he committed adultery. The recording, along with other evidence, could certainly be persuasive. Good luck.
View Details »

Q: adoption question.

1 Answer | Asked in Adoption and Family Law for Louisiana on
Answered on Feb 20, 2017

Under Louisiana's laws relative to intrafamily adoption, a child's step-father may adopt his wife's child. In order to be considered a step-parent, the person adopting must be married to the child's parent. If I can assist you further, please feel free to contact me. I'd be happy to help.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.