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Louisiana Family Law Questions & Answers
1 Answer | Asked in Family Law, Tax Law and Landlord - Tenant for Louisiana on
Q: i need to remove my brother off property i bought in the succession- louisiana- what form do i need to begin this

i bought brothers out, oct of last yr, 1 brother took a meter from home and attached his name to it and is living in a trailer that was our gmas, whis is dead and the trailer is owned by both of us i believe- he was told to get off property at begining of all this in 2018/2019 but never did

James L. Arrasmith
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answered on May 17, 2024

In Louisiana, if you want to remove someone from a property you own, you will need to go through the eviction process. Here are the steps you can take:

1. Serve a written notice: Provide your brother with a written notice to vacate the property. In Louisiana, the notice period is typically...
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1 Answer | Asked in Family Law and Civil Rights for Louisiana on
Q: My girlfriend lied on me to get a temporary restraining order. I have evidence to prove it

I have video evidence of her saying she kicked me video evidence of her throwing my things out our home and I called the police myself

James L. Arrasmith
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answered on Apr 13, 2024

I'm so sorry you're going through this difficult situation. False accusations and wrongful restraining orders can be incredibly stressful and upsetting. It's good that you have video evidence to help support your case.

Here are some steps I would recommend:

1....
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1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Hi! My question is if a child have been living with father for 4yrs can he file for complete custody?

The child is 14yrs old and the mother does not provide anything for the child. The child do visit mother. The mother did loose custody of her oldest child and at one time did not have a permanent address. The father provides shelter, food, clothing and transportation for the child. The mother have... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 2, 2024

What do you mean by "complete custody"---also, what does the current custody order provide---what are the terms? If the child is 14 years old, I think the appropraite thing for you to do is to seek a consult with a family lawyer in your area to discuss the specifics of your current... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: To finalize my divorce, do I have to file a motion for judgment of divorce or just the judgment of divorce?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 28, 2024

Courts in Louisiana are not 100% uniform in how they will grant a divorce, especially if you are not represented. My advice is to call the local bar association and see if they can provide any assistance to you, or if they can recommend an attorney who will meet/consult with you at a reduced rate... View More

1 Answer | Asked in Divorce, Personal Injury and Family Law for Louisiana on
Q: When divorced a settlement was had . But spouse refused to give my share even when my name as her husband was on the sui

Suit. Judgement was 2014 divorced in 2022 AM I entitled by Ohio law my share.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 11, 2024

If the settlement has been signed by a Judge as an Order of the Court or a Judgment of the Court, then return to Court and seek enforcement of the Judgment. If you have an attorney representing you then I advise you to contact said attorney about this. If you did not have an attorney, then please... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Louisiana on
Q: Hello, what is the likelihood a male may be granted SPLIT or JOINT custody in Louisiana?

Married for 10 years, child is 7 years old, both would be living locally to child's school, no criminal history for both parents, no history of domestic abuse from either parties, no infidelity on either side, everything is under fathers name, father employed as AVP Branch Manager, Wife... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 16, 2024

All cases are different and depend on the specific facts however the Courts prefer that both parents be involved in the life of the child so based on that, the likelihood of joint custody is high. I am not sure what you mean by SPLIT. If you mean SHARED, then the answer remains the same: the... View More

2 Answers | Asked in Child Support and Family Law for Louisiana on
Q: Divorced. 50/50 on our children’s expenses, only my ex-spouse turns in reimbursement receipts far beyond her means?

In Shreveport, LA. Our judgement says 50/50, but my ex enrolled our kids in stuff neither of us can afford, and she has admitted she has her parents pay her portion of the expensive tuition she chose because she cannot afford it (neither of us can), while still seeking reimbursement from me. What... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 16, 2024

Sounds like you have an Order from the Court detailing this arrangement----if you had a lawyer involved wit this then speak to your lawyer about these concerns. If you are no longer represented, then you should consult with a family lawyer in your area---that lawyer will want to see the Order in... View More

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2 Answers | Asked in Child Support and Family Law for Louisiana on
Q: Divorced. 50/50 on our children’s expenses, only my ex-spouse turns in reimbursement receipts far beyond her means?

In Shreveport, LA. Our judgement says 50/50, but my ex enrolled our kids in stuff neither of us can afford, and she has admitted she has her parents pay her portion of the expensive tuition she chose because she cannot afford it (neither of us can), while still seeking reimbursement from me. What... View More

T. Augustus Claus
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answered on Feb 15, 2024

In Shreveport, LA, if your ex-spouse is enrolling your children in activities that neither of you can afford and seeking reimbursement for expenses beyond the agreed terms, your options may include requesting a modification of the existing child support and expense-sharing order. You can petition... View More

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1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: Why is child support paused when one requests a modification? How is support determined with commision paying job?
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answered on Feb 8, 2024

In Louisiana, child support may be temporarily paused during a modification request to allow the court time to review the current financial situations of both parents and to ensure that the new child support amount reflects any changes in income, including commissions. For parents with... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: Can I divorce my husband I have 2 kids with for free and how long would it take if I give up rights to kids
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answered on Feb 8, 2024

In Louisiana, obtaining a divorce, even with the intention of relinquishing rights to children, may not be entirely free due to court fees and possible attorney costs. However, low-income individuals might qualify for a fee waiver or reduced-cost legal services through legal aid organizations. The... View More

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Can i sue CPS for keeping my child in custody after court charges have been dropped and my case plan is completed?

Charges were dropped due to lack of evidence and the case plan was completed months before they were able to move him to the state i was living in.

James L. Arrasmith
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answered on Jan 29, 2024

In Louisiana, if Child Protective Services (CPS) has kept your child in custody after charges against you have been dropped and you've completed your case plan, you may have grounds to take legal action. However, the decision to sue CPS should be carefully considered and based on a thorough... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Falsified court documents. Divorce filed stating there were no children born during the marriage and there was

I am not the biological father but the baby has my last name because we were married before and after she was born

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 28, 2024

You certainly have a right to dipsute this should you choose to do so. You should consult with a family law attorney in your area to discuss your options re: the breakup/dissolution of your marriage and the incidental matters, including, divorce, child support, child custody, spousal support and... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: How do I know if a motion to reset a hearing conference was granted or when will the next hearing date be or far

Away from the date I filed for the motion will be the new date ?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 18, 2024

The judge will sign a written order either granting the motion to reset or denying it. If the motion is granted, the order will state the new date. If the hearing officer conference is drawing near and you haven't received the judge's order yet, I'd suggest calling the clerk's... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: I would like to get divorced. I have lived in Louisiana for two years, my spouse is in California. We have no children.

We own a business together. I filed federal and state taxes in Louisiana (married separate). My spouse filed taxes in California (jt).

We own a condo together. We are broke. Barely getting by. I am unemployed. How can I divorce for least amount of expenses?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 16, 2024

My answer is that if you are currently living in Louisiana, then you should file in Louisiana-----that said, you indicate that you own property, you do not mention your debt, if any, of the community, so I recommend that before you file that you at least consult with a family law/divorce attorney... View More

1 Answer | Asked in Family Law for Louisiana on
Q: Can a family member become Curator for a developmentally disabled adult who has living parents?

Grandmother took care of disabled granddaughter. Grandmother passed away in November, disabled adult went to live with Mother. Currently Mother is having health problems and cannot adequatley take care of disabled adult. So grandmother's daughter would like to become curator for disabled niece.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 12, 2024

Yes to your question. I would recommend that your contact the state bar association or the local bar association, explain the situation and ask for recommendations of an attorney who can handling the paperwork to accomplish this as a Judge will have to approve the appointment of the curator.

1 Answer | Asked in Domestic Violence, Military Law and Family Law for Louisiana on
Q: My ex husband retired military veteran.. emotionally abused me for years. I need help. Me and my kids didn't get a dime.
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answered on Jan 11, 2024

Dealing with the aftermath of emotional abuse, especially in a military family, can be incredibly challenging. First and foremost, it's important to recognize the strength it takes to seek help in such a situation. The emotional toll on you and your children is a serious concern and addressing... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Probate for Louisiana on
Q: I believe an illegitimate deed was filed after a divorce decree was signed. Can a deed override a divorce decree order?

A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More

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answered on Jan 1, 2024

In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified... View More

1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Q: How old must a witness to an Authentic Act be in Louisiana?

I need two witnesses to a Declaration of Paraphernality in Covington, Louisiana. Is there an age requirement for witnesses? My Stepdaughter and her son are available to act as witnesses tomorrow. The son is 18 years old. May he be a witness recognized by Louisiana law?

T. Augustus Claus
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answered on Dec 29, 2023

In Louisiana, the age requirement for a witness to an authentic act, such as a Declaration of Paraphernality, is generally 16 years or older. Therefore, your stepdaughter's son, who is 18 years old, meets the legal age criteria to act as a witness for the document. It's important to... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: Me ex husband and I have been sharing custody of our daughter for 8 years without papers now he is refusing to give her

Back to me or let me talk to her what do I do

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 20, 2023

If you do not have any paperwork/orders signed by the Judge detailing your custodial time then you need to file something with the Court asking that custodial time be set which will detail when you exercise custodial time and when your ex does. If you have such an order and he is in violation of... View More

1 Answer | Asked in Estate Planning, Family Law, Banking and Probate for Louisiana on
Q: Why is the bank stalling on releasing my husband's checking account after we delivered the certified small estafe affida

We did everything by the book step by step it was accepted signed and sealed by the court that my 2 step sons and myself are the only true heirs. They still won't discuss anything about the account whats going on the process nothing. When we inquire we are ignored and they won't return our calls q

Christie Tournet
Christie Tournet
answered on Dec 11, 2023

You mention a "small estate affidavit," which, in Louisiana is not "signed and sealed" by the court. So, I am not sure how you all proceeded, but if you had an attorney assist with the succession process, then, please, reach out to that attorney to send a notice of... View More

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