Louisiana Questions & Answers

Q: I usually visit my son at parish prison, but today I was turned away after having been allowed the last year.

1 Answer | Asked in Personal Injury and Civil Rights for Louisiana on
Answered on May 26, 2018
Gary Kollin's answer
Have you tried to resolve this by contacting the Warden's office or the assigned supervisor for visitation? The person at the desk was essentially preparing clerical duties.
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Q: Is this considered a felony charge?

1 Answer | Asked in Criminal Law for Louisiana on
Answered on May 25, 2018
Ellen Cronin Badeaux's answer
Question is incomplete. Is WHAT a felony?
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Q: I’m 32 years old and living in Louisiana. What would I need to do to be adopted legally by my step father?

2 Answers | Asked in Adoption for Louisiana on
Answered on May 25, 2018
Ellen Cronin Badeaux's answer
Hire a family law attorney to do adult adoption 4 u
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Q: signed rights away because it was the only way to leave, my ex who has custody is selling weed what can I do?

2 Answers | Asked in Child Custody and Family Law for Louisiana on
Answered on May 24, 2018
Douglas Lee Bryan's answer
First, you had other options than to "sign away your rights". I'm guessing you mean you didn't actually give up your parental rights, but rather you agreed to let your ex have sole custody. If that's the case, you can file a petition for modification of custody wherein you ask for custody to be granted to you. You should contact a family law attorney to help you with this. Give me a call and I'll be happy to discuss the matter further, including fees and costs.
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Q: My boyfriend is a hotel front office manager. He makes $32000 salary before tax and bonuses. Is he entitled to overtime?

1 Answer | Asked in Employment Law for Louisiana on
Answered on May 24, 2018
Charles Joseph Stiegler's answer
It is impossible to answer that question without more detailed information. Whether a manager is properly overtime exempts depends on several factors including: how much of his time he spends managing other employees, whether he has authority to hire or fire, the number of employees who he supervises, and the amount of discretion he has in running his department. For more information on the FLSA executive exemption to overtime pay, there is a link to my article below....
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Q: My boyfriend went to court 9/26/2017 they set another court date for 1/18/2018 but he was Dr ordered to be in oceans

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on May 23, 2018
Ellen Cronin Badeaux's answer
He needs a criminal attorney to get the warrants recalled.
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Q: My husband is a veteran with disability pay. He has recently asked me for a divorce. What are my options?

2 Answers | Asked in Child Support, Divorce and Family Law for Louisiana on
Answered on May 23, 2018
Ellen Cronin Badeaux's answer
Yes alimony, yes child support, yes custody. Hire a family law attorney.
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Q: Can a foreign judgement be enforced if it has NOT been made executory in the home state of the child?

2 Answers | Asked in Child Support for Louisiana on
Answered on May 23, 2018
Douglas Lee Bryan's answer
Shreveport and New Orleans are in the same state. It does not necessarily need to be made executory in the parish of the child. If no one resides in Caddo Parish anymore, I would strongly recommend making the judgment executory in Orleans Parish, however.
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Q: My mother own family property in Louisiana and she is now living in Texas and may be placed in a Nursing Home.

1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Answered on May 23, 2018
Douglas Lee Bryan's answer
You would need to speak with an attorney familiar with Texas' Medicaid laws to determine what the best step would be.
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Q: Are both the primary employer and statutory employer required to both have workers comp insurance

1 Answer | Asked in Workers' Compensation for Louisiana on
Answered on May 22, 2018
Douglas Lee Bryan's answer
Not necessarily. It depends on the terms of the contract between them as to who is responsible for providing coverage.
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Q: Im ordered to pay child support in louisiana. Mother is moving out of state. What happens now?

2 Answers | Asked in Child Custody, Child Support and Family Law for Louisiana on
Answered on May 22, 2018
Douglas Lee Bryan's answer
The obligation continues until it is modified. Chances are that it will be recognized in her new home state once residency is established there or in the state where you reside.
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Q: I am a 35 yo woman with two small children ages 3 and 6 weeks. I live in Louisiana and married since 2010

1 Answer | Asked in Divorce and Family Law for Louisiana on
Answered on May 22, 2018
Ellen Cronin Badeaux's answer
You don't state what your question is.
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Q: Looking for an adult adoption affadavit

1 Answer | Asked in Adoption for Louisiana on
Answered on May 21, 2018
Ellen Cronin Badeaux's answer
You can't do an adoption by Affidavit. You need an attorney to file a Petition.
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Q: Previously married in Oklahoma. Now married in Louisiana. Ex husband abandoned child moved to Washington.

2 Answers | Asked in Child Support for Louisiana on
Answered on May 21, 2018
Ellen Cronin Badeaux's answer
Call Support Enforcement for Washington Parish.
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Q: been paying CS since found out child was mine at 18 months mother don’t wont child to have my last name. Have JLC 50/50

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Answered on May 21, 2018
Ellen Cronin Badeaux's answer
Nothing you can do. Mother of child has option of giving child her name, your name or hyphenated name AND SHE GETS TO CHOOSE.
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Q: My dog was on his leash 3 yards down the kid next door to my house was told not to touch him and did and he got bit

1 Answer | Asked in Animal / Dog Law for Louisiana on
Answered on May 21, 2018
Ellen Cronin Badeaux's answer
You are being charged because dog owners are absolutely liable for all injuries caused by their pets. As a life long dog owner, I can say, you shouldn't own a dog unless you have a fenced yard and your dog is leash trained. Your dog needs to be current on all his shots or the dog will be put down. You will be civilly sued also.
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Q: In Livingston Parish, if I paid the property taxes on family owned land, can I claim that land and put in my name?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Louisiana on
Answered on May 21, 2018
Christie Tournet's answer
No. Under Louisiana law, property is conveyed only in 1 of 3 ways: by a deed (if someone is still alive), by succession (either by Will, or default state law for distribution of one's estate), or by adverse possession (owning as owner for a certain time period). If you are talking about "family land," most often people use that phrase when there are multiple owners, some of which cannot be found. Those situations make a succession or an adverse possession suit almost impossible, as you must...
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Q: Is it possible to create a revocable living trust (in order to avoid probate) after the person dies?

2 Answers | Asked in Probate for Louisiana on
Answered on May 21, 2018
Regina Scotto Wedig's answer
I am not sure I understand the question. However, presuming the deceased's Will did not create a Trust, the property would be distributed according to the terms of the Will. If the person died intestate (without a will) his property cannot be placed into a trust and the default rules on successions would apply to the distribution. Going through probate in Louisiana is not difficult or expensive unless heirs/legatees fight over valuation and possession. There is no inheritance tax in Louisiana...
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Q: Can an heir with higher percentage of ownership in a Louisiana Session force the lower percentage heir or owner to sell?

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Answered on May 21, 2018
Regina Scotto Wedig's answer
Louisiana law gives either co owner, regardless of percentage of ownership, the right to seek partition of the property. Depending on the size of the property, this may either be by dividing it or by requiring it to be sold and proceeds split per percentage ownership. The court requires a recent appraisal in order to determine fair market value. Sometimes, the value of the smaller percentage is not equal to the actual ownership percentage but an expert would be required in that case. In...
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Q: Israeli on a longterm visa in the US, how are taxes calculated?

1 Answer | Asked in Immigration Law and Tax Law for Louisiana on
Answered on May 20, 2018
Carl Shusterman's answer
I suggest that you see a CPA. Good luck!
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