Lawyers, Answer Questions  & Get Points Log In

Louisiana Family Law Questions & Answers

2 Answers | Asked in Family Law and Child Custody for Louisiana on

Q: If a hearing officer's recommendation is appealed, does that mean that recommendation is in effect now?

Last year, my sons grandmother was given sole custody of my son with me having visitation. We went in front of a hearing officer last week, and she recommended joint custody with me being domiciliary parent. I appealed the recommendation due to me wanting sole custody and next court date is in... Read more »

Ellen Cronin Badeaux answered on May 25, 2019

A change in custody recommendation is not enforceable if it has been appealed. A change in visitation is enforceable if it has been appealed. Hire a custody lawyer.

View More Answers

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Louisiana on

Q: Can the comissioner deny my dissolution request of the stay away order

I called the police on my husband and he has a stay away order put on him i want it disolved. Can they deny this due to our being co defendants in another case?

Ellen Cronin Badeaux answered on May 23, 2019

They can deny it for any number of reasons.

1 Answer | Asked in Family Law for Louisiana on

Q: My father died in December 2017. Then my mother followed in October 2018. No succession was done.

After my father passed my brother and his girl friend moved in and kicked my mother out. He refused to do succession knowing I couldn't afford an attorney at the time because I was taking care of my mother. He recently died after getting married 3 days prior to his death. How do I get his 3 day... Read more »

Ellen Cronin Badeaux answered on May 23, 2019

Hire a successions attorney and do an eviction.

2 Answers | Asked in Banking, Civil Litigation, Family Law and Child Support for Louisiana on

Q: Hi I was wondering if I put my husband on my bank account could they take my money or freeze the account?

If I put him on it and the courts want more money or to levy or freeze it for what ever reason can they do it even if my name is on the account too?

Ellen Cronin Badeaux answered on May 22, 2019

If your husband has a judgment against him or a child support garnishment, do NOT add him to any of your accounts.

View More Answers

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Louisiana on

Q: Is there any way I can get it dropped or dismissed?

I am a mother of two boys. On mothers day, my husband and I got into a fight. He had called the cops. They arrived and put me in cuffs. He had told the cops that I throw something and hit my 9 year old son in the face. They kept telling me that I was only being detained. When I finally got let out... Read more »

Ellen Cronin Badeaux answered on May 21, 2019

Don't post your name on a public website.

Hire a criminal attorney to seek dismissal of the domestic abuse battery charge.

1 Answer | Asked in Family Law and Real Estate Law for Louisiana on

Q: A Lien was placed on my deceased fathers home with no proof that the money is owed but their attorney will not remove it

After his death me and my siblings were awarded the estate. His wife remodeled the house before listing it not realizing that it wasn't her property. The person that did the work was her nephew. They placed the Lien on the property and their attorney refuses to remove it. He has been given since... Read more »

Ellen Cronin Badeaux answered on May 21, 2019

Hire a real estate attorney

1 Answer | Asked in Family Law and Child Custody for Louisiana on

Q: Mother left infant with me, he is now 2. How can I terminate parental right?

I don’t want her to show up and take him since she is biological parent

Ellen Cronin Badeaux answered on May 21, 2019

You can hire an adoption attorney to file for adoption and termination of parental rights.

1 Answer | Asked in Child Custody and Family Law for Louisiana on

Q: We were ordered by the court to take a "mini" evaulation, 4 years after I was awarded custody of my child in Aug. 2015

I have sole custody of my child for the last 3 years now. Failed drug screen and medical neglect in which my daughter had hearing loss up until she had tubes put. Dr called OCS on medical neglect. At that point my ex-wife was then awarded supervised visitations every other Saturday. She recently... Read more »

Ellen Cronin Badeaux answered on May 21, 2019

You need a custody evaluation if you think that the custody evaluation was not performed adequately.

1 Answer | Asked in DUI / DWI and Family Law for Louisiana on

Q: I’m wanting to find out if I have any rights at all to my grandbaby, whom I do have a relationship with but ONLY....

Allowed to see her if I go to my daughters house. My daughter has been getting mentally abused by her husband since even before baby was born. My daughter and her husband live with my ex husband. I’m remarried and of course it’s an issue, but I make it a point to go see my grandbaby at least... Read more »

Ellen Cronin Badeaux answered on May 16, 2019

If your daughter doesn't give you visitation, you have none.

1 Answer | Asked in Family Law for Louisiana on

Q: If the children are in the custody of their dads parents does the mothers parents have the right to weekend visitation?

Douglas Lee Bryan answered on May 15, 2019

Your question doesn't state whether the children's mother has any custodial rights, or if not, why not. If she is deceased or doesn't have custodial rights for some reason, her parents may have the right to ask for visitation if they can establish a close relationship with the kids. It usually... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Louisiana on

Q: my husband conceived a child with another woman and he will be on the BC she does not want child how do i get rights

can adopt him since he will be under my husbands name? what are my rights.

Douglas Lee Bryan answered on May 13, 2019

This would be what's called an intrafamily adoption and is not as complicated as a private adoption, if the biological mother is willing to surrender her rights. Give me a call and I'll be happy to discuss the process and potential costs in more detail.

View More Answers

2 Answers | Asked in Child Custody and Family Law for Louisiana on

Q: I have sole custody that was granted by ex parte where there was no hearing cause it was emergency how to get son

It was an ex parte order for custody an I was awarded sole custody with out a hearing how do i get my child back.

Ellen Cronin Badeaux answered on May 12, 2019

You are leaving something out of your question because it says you got emergency custody, but you're asking how to get your son back. Call a custody lawyer.

View More Answers

2 Answers | Asked in Family Law and Child Support for Louisiana on

Q: In a joint custody agreement, if one of the two children goes to live with the other parent, does child support end?

Ellen Cronin Badeaux answered on May 6, 2019

Child support does not change until the payor parent files a Motion to modify or terminate child support and to change custody.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Louisiana on

Q: How old do you have to be to decide who you want to spend most of the time with in joint custody situations?

Hello, I am 14 and my mom and dad have joint custody. Because of conflict between me and my dad(My dad drinks and used to fight with my mom and stepmom), I want to stay with my mom most of the time. I already asked a DA and they said 14 was the age in Louisiana but I still want to be sure. my dad... Read more »

Ellen Cronin Badeaux answered on May 5, 2019

Actually it's 12 when uou first have input but not the final say. Your Mom needs to hire a custody lawyer

.

1 Answer | Asked in Adoption, Child Custody and Family Law for Louisiana on

Q: How to transfer guardianship of a minor from his grandmother in LA who has full custody to a family member in TX

Ellen Cronin Badeaux answered on Apr 25, 2019

Call a custody attorney who can draft a Consent Judgment.

1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on

Q: Can I get full custody of my children?

My husband and I have been separate for almost four years, he was abusive during our relationship and his ex girlfriend, whom just had a baby with him, says she was abusive to her also. However, neither of us have any documented proof, and he is currently in jail for theft. If I filed for a divorce... Read more »

Ellen Cronin Badeaux answered on Apr 24, 2019

Him being in jail, makes it much easier for you to get custody. So strike while the iron is hot.

1 Answer | Asked in Domestic Violence and Family Law for Louisiana on

Q: ex filed a TRO citing threatening violence and history of drug and alcohol abuse as well as threats to harm

our 17 year old daughter, and mental issues, all of which are false. He was abusive and controlling during our entire marriage and has continued to be manipulative since our divorce. He lives in a small town where he is known as quite a big shot. Our daughter will be 18 soon and no longer under... Read more »

Douglas Lee Bryan answered on Apr 22, 2019

This forum isn't for purposes of, or as an alternative to, obtaining advice from an attorney. You should speak with an attorney personally to discuss your rights and options ASAP. I would suggest speaking with someone in the jurisdiction where the suit is pending, as someone there likely would be... Read more »

1 Answer | Asked in Divorce and Family Law for Louisiana on

Q: How is legal residency (housing) established pertaining to an individuals rights pre/post divorce proceedings.

Can two people own a home and one relinquish the rights to enter voluntarily or without knowledge.

Ellen Cronin Badeaux answered on Apr 19, 2019

Domicile is established with utility bills, drivers license, voter registration card, etc.

1 Answer | Asked in Civil Litigation and Family Law for Louisiana on

Q: My current spouse and I have a prenuptial agreement. Can my ex-spouse impute my current spouses income?

My ex-spouse is all about money and suing people.

Ellen Cronin Badeaux answered on Apr 15, 2019

Ex spouse can only impute the benefit you derive from expense sharing, not your spouse's income.

1 Answer | Asked in Family Law for Louisiana on

Q: Hello I have a quick question if anyone can help me...my daughter in law asked us to watch my grandchild over 2 months

ago but has failed to pick her up. she doesn't provide any monetary support or anything at all, doesn't call to check up on the child. I have asked a few times when she is coming but has lied. my son is in jail and i want to know is this child abandonment? if so where to i file a report ..she lives... Read more »

Ellen Cronin Badeaux answered on Apr 14, 2019

Your family law attorney can file for custody.

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.