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Louisiana Questions & Answers
1 Answer | Asked in Family Law for Louisiana on
Q: What can I do to prevent my wife from taking my children out of state?

My wife has become dependent on alcohol and possibly narcotics which has lead to her abusing our children, myself, as well as stealing and neglect. She is making arrangements to take them away to her home state because she wont accept help. I have to do something fast to protect my children!

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 18, 2019

Hire. Custody lawyer to get a restraining order

1 Answer | Asked in Criminal Law for Louisiana on
Q: What is article 389 in caddo parish
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 18, 2019

Do you mean article 893?

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: Court date is tomorrow, I have no money to pay speeding ticket. Who do I talk to, and what do I say ?

I was driving down the interstate 70 mph is the posted speed I was doing 78. He was sitting behind a sign that changes the speed to 60 mph. I have no money to pay this ticket. Can I talk to someone before I have to plea? Who do I talk to? What do I say ? Do I plea guilty, even though I have... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 18, 2019

You can ask for community service instead of a fine or 30 days to pay

1 Answer | Asked in Divorce for Louisiana on
Q: Is there a statute of limitations on filing a partition for community service after the divorce is granted?

My father died recently and my mother is trying to claim half of everything and she never filed a partition and it's been over 30 years. Also a permanent injunction was ordered immediately without bond against my mother from disposing any assets of the community of acquets that existed.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 17, 2019

Partition of community property does not prescribe. However she is barred by Erisa from getting half of retirements and pensions after his death. You need a succession attorney immediately.

2 Answers | Asked in Child Custody and Child Support for Louisiana on
Q: Can grandparents raising grandchildren get child support from the parents of the children?

We are caring for our two grandsons who are 11 and 5. The 5 yr old is severely disabled as he is deaf, has cerebral palsy, is on the autism spectrum,is not potty trained, has Klinefelters and a few other diagnoses. Mom is in a sober living home and dad has moved to California. The only support we... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 15, 2019

First you need a custody Judgment. Then you can seek support from both parents.

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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Louisiana on
Q: If you have a PO on someone. Can they stand outside your window and video record you .
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 15, 2019

No. Call the police and show them your protective order.

1 Answer | Asked in Civil Rights, Consumer Law, Family Law and Landlord - Tenant for Louisiana on
Q: Widow and 2 kids kicked out of a house by dead husband family w/o eviction notice !!! Legal or not in La ?

Not sure if Will was in play

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 15, 2019

A great deal more details needed. Consult with an attorney.

1 Answer | Asked in Family Law for Louisiana on
Q: Please look at more information

I am confused by your response. My mother has signed her rights to me over to my father.. and now my fathers wife adopted me. My dad told me since she signed her rights away that in the state of Oklahoma that means there is a no contact order that automatically goes into place... Is that correct?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 15, 2019

I am not licensed in OK. In LA if you are still a minor, the surrendering parent has no visitation rights. If you are now a major you are free to contact your mother and she is free to contact you.

1 Answer | Asked in Divorce for Louisiana on
Q: DO SPOUSE HAVE TO SHOW UP FOR DIVORCE COURT IF CONTESTED AND IF SO HOW DO I GO ABOUT LETTING SPOUSE KNOW COURT DATE?

WE HAVE BEEN THROUGH PARTENTING CLASS AND HE WANTS SHARED CUSTODY INSTEAD OF JOINT. WE HAVE NO PROPERTY OR ANYTHING TOGETHER EXPECT KIDS.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 13, 2019

If contested both must appear. The Sheriff should issue service.

1 Answer | Asked in Divorce for Louisiana on
Q: Did mental abuse fall under the same categories as physical abuse as far as domestic violence goes. Would texts msgs

Would text messages or emails prove this in a court as far as divorce goes.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 12, 2019

Domestic abuse means physical abuse or threats of physical abuse.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Louisiana on
Q: If a restraining order is granted , how far does the accused have to stay away from accuser

2 brothers ( 1 whom had open heart surgery , the accuser ) against his brother ( the accused ) who threatened to hit him in the chest to kill him then said he would burn the trailer with him( cardiac pt ) in it

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 12, 2019

The accuser needs to make a criminal complaint with the Sheriff's office.

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: Could I send him a pic of the letter on social media?

My daughter's dad filed for a child support modification over the summer this year. He did not show up to the hearing so there were no changes made to the child support order. Since then, I have had to add my daughter to my health insurance and enroll her in before/after school care. I filed for a... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 11, 2019

Nope social media not enough. Try certified mail, fax to his work, AND email him. Then print all and bring to court.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: How can my brother win a domestic violence and child endangerment case

My brother was charge with the domestic violence and child endangerment. he’s fiancé sign a affidavit for him. And he’s currently in jail and he has not seen a judge for his case. He also was charge with violating a protective order when she never issued one nor the court notified her for one.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 11, 2019

Your brother is going to need a criminal defense lawyer.

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can my siblings have me evicted ?

The will states that we sell the trailer and lot and split it 5 ways. They all signed the succession but the lawyer quit before I signed it. So it’s still not in our names and I’ve lived here for 2 yrs and just want to stay til we sell it.

Nina Whitehurst
Nina Whitehurst answered on Nov 11, 2019

The executor has the duty to marshall and protect estate assets for the benefit of all beneficiaries. He or she is just doing his or her job. It will also be easier to sell and will sell for more if it has already been vacated, which is in the best interest of all beneficiaries. You could be held... Read more »

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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Is my Indiana will legal. I just moved to Louisiana.

My will was drawn up by an attorney in Indiana. We also had it notarized by two witnesses. The witnesses were the notary and attorney. I've read in Louisiana the notary cannot be a witness. Is this also true on a will that was prepared in another state?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 11, 2019

Simple fix. Take it to a Louisiana estate planning attorney. Ask her to copy it and make it conform to LA law.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: My daughter is with my sister without my permission. I want my daughter back but my sister is fighting me on it.

My daughter was in the care of my mother at the time. She allowed my daughter to visit my sister in Louisiana. But now my sister will not let me have her back.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 10, 2019

You have not explained why your daughter was in your mother's care. If there was no court order granting custody to your mother, then you should just be able to show up at your sister's home and call the police. If there is a prior custody order, then you need to hire a custody lawyer in the same... Read more »

1 Answer | Asked in Bankruptcy for Louisiana on
Q: How can I stop a judement from being granted on a credit card debt that was sold to to debt collection agency without i

filing bankruptcy?

Timothy Denison
Timothy Denison answered on Nov 9, 2019

Negotiate a settlement. Dispute it. Or pay it.

1 Answer | Asked in Criminal Law, Federal Crimes and Probate for Louisiana on
Q: What does it mean ratifaction on unsupervised probation

I'm on a 1yr. Unsupervised probation and a fines of 525$ and it can be ratifaction r ratified

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 9, 2019

Do you mean revoked, not ratified?

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: pulled over tonight and given a ticket under section 32:353 I have muffler/ resonaters custom catback was he wrong

Is he wrong fully giving me a ticket it was built by a shop I was driving the speed limit and he followed me two blocks

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 9, 2019

No he wasn't wrong. Just because it was built by a shop, doesn't mean it was within legal limits.

1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: I am with a dog rescue. 5 dogs were surrendered by owner and then transferred to a friend of a friend until transport

The friend of the friend agreed to foster the dogs until transport from LA to TX rescue foster home where they will be spayed/neutered and completely vetted before placement with adoptive families. She turned out to be an unlicensed backyard breeder and plans to use at least two of these dogs for... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 7, 2019

File a claim for civil fraud, damages, specific performance, legal fees, court costs, in small claims court with a Justuce of the Peace against both the friend and her friend.m. Also file a criminal complaint of fraud with the Sheriff's Office. Then contact the LA Dept of Ag and Humane Sociery to... Read more »

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