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Louisiana Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Divorce for Louisiana on
Q: How long will a divorce last? I have printed the form at East Baton Rouge court website. Any tips?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 15, 2021

May be 180 or 365 days. Contact lawyer

1 Answer | Asked in Family Law for Louisiana on
Q: Does a petition for emancipation in Louisiana require notarization for signature of parental consent?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 15, 2021

Yes. Contact a divorce lawyer.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: If my ex wife's case was abandoned under the c.c.p. art. 3954 is the entire case dismissed?

My ex wife filed for divorce in 2018 but was denied because she filed the wrong divorce, however I was ordered to pay child support and spousal support. At the time I didn't know the divorce was denied because I was ordered to pay the judgement.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 15, 2021

Consult with a divorce attorney because you don't give enough information.

1 Answer | Asked in Juvenile Law for Louisiana on
Q: Can I press charges on someone who provided my minor with alcohol at their private residence?

My son was at his fathers house and after I had already told him he could not go anywhere his dad chose to allow him to go to this woman’s home where she provided a house full of minors alcohol and left them unattended for periods of time

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 15, 2021

Your problem is proof. U would have needed a test then.

1 Answer | Asked in Child Custody, Child Support and Divorce for Louisiana on
Q: I need to know the divorce process in Louisiana.

My spouse was caught cheating, though we gave it another shot. He is showing signs of cheating again, and will not allow me access to his phone any further. Would the court be able to pull his phone record so I can have a fault divorce. I believe it will speed up the process.

Mr. James Zitzmann
Mr. James Zitzmann answered on Jan 14, 2021

Having a adultery, fault based divorce actually will slow down the process significantly. And it is much more difficult than a no fault divorce. You should probably pursue a no fault divorce; you can receive all of the relief you need through the regular process as well.

1 Answer | Asked in Bankruptcy and Tax Law for Louisiana on
Q: I filed Chapter 7 in Louisiana..I was told that the trustee can't take my EIC or Child Tax Credit from..is this correct?

I filed Chapter 7 in Louisiana..I was told that the trustee can't take my EIC or Child Tax Credit from..is this correct?

Eric M. Wilson
Eric M. Wilson answered on Jan 14, 2021

In the Northern District of Alabama Western Division - the Trustee does not take your EIC or Child Tax Credit

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can a married couple file a joint Last Will and Testament, with the surviving party being the heir?

This would be both agreeing to disposal of the remainder of the estate after the last survivor passes.

Anthony M. Avery
Anthony M. Avery answered on Jan 14, 2021

Joint and Mutual Wills are almost always asking for a Will Contest after one or both testators die. Do not draft nor execute anything like it. Two separate Wills, even with extremely similar legacies and devises, are always better.

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1 Answer | Asked in Child Custody and Juvenile Law for Louisiana on
Q: I was granted sole custody of my nephew he’s 17 now and wants to move with a person. Can I just sign rights over to the

Person or do we have to do it through the courts

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 14, 2021

You need to have a Custody Lawyer prepare a Consent Judgment.

1 Answer | Asked in Child Support for Louisiana on
Q: My kids dad is supposed to pay child support but is almost 33,000 behind. He stays in and out of jail. What can I do

How can I go about getting that money? Would I qualify for the cash benefits from the government?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 14, 2021

You can seize his tax returns, properties, and any inheritances.

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Louisiana on
Q: can a carnal knowledge of a Juvenile felon be dropped to a misdemeanor in trial?the girl put in paper she lied about age
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 14, 2021

Her lying is not a defense,

But it is mitigating

1 Answer | Asked in Criminal Law for Louisiana on
Q: In la are there any changes in statue of limitations due to pandemic
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 14, 2021

There were periods of suspension. Look at Governors Orders.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Real estate: family partitioned land. my father in-law divided his property into 3 parts and later donated back portio

to us which we lost in foreclosure. we never extended the driveway where the servitude of passage is shown on map from 2001. now the new owners are using my driveway and yard. my father in law says he never gave access through his property and wants a gate up at the road leaving new owners no... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2021

There is almost for sure an Easement By Implication granted to some of those parcels, if not also an Easement By Prescription. Easements can be terminated, but expect to be sued. Hire a competent lawyer to advise you about what you can do, and be prepared for litigation, which you probably should... Read more »

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: My 17 year old received a ticket for going 100 mph on the internet state in Louisiana. What is the penalty for this?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 12, 2021

Your son needs a traffic court lawyer because 100 mph on the INTERSTATE may be screened as a felony.

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: How can I get rights to see my child that is in my last name?

My ex up and moved my son from La to MN I pay child support but she will not allow my son to stay with or visit me he’s 10.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 12, 2021

If he has been in MN less that 180 days, hire a custody lawyer and file to get him back to LA and custody.

1 Answer | Asked in Child Custody, Child Support and Divorce for Louisiana on
Q: IFP PAPERS IN CHILD CUSTODY SUIT

I filed for child custody and child support along with IFP papers and was approved. After that Initial filing I had to retain an attorney and he then filed a divorce suit and a motion to consolidate the two. However he’s also charged me with the filing fees throughout the process snd I’m not... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 12, 2021

Clerk will not issue a refund. But if you gave your lawyer a COPY, he should eat the filing fees.

1 Answer | Asked in Adoption and Family Law for Louisiana on
Q: What is the process of stepparent adoption when bio parent agrees?

Ex has agreed to relinquish parental rights and allow stepparent to adopt kids (under age of 18 but over age of 12). What is the steps/procedure for stepparent to adopt? Does stepparent and bio parent (who are adopting the kids) need background check or just stepparent? What other paperwork is... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 12, 2021

You need to hire an adoption attorney to draft Petition, Acknowledged Act & Judgment get background check, CPS approval, and file with Vital Records. If not done correctly, adoption is invalid.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can you be held for probation violation after your probation time is up
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 10, 2021

Dates and expiration dates need to be reviewed by a criminal attorney.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: I'm 16 and I'm turning 17 in 90 days but I was wondering if i could move in with my grandmaw.

My dad is an alcoholic and me and my stepmom dont get along at all.They are always fighting. I have depression and they dont care about it at all. My mom gave custody of my up so she is not in the picture and when me and my dad get into a fight i bring up that i dont want to leave there and he says... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 10, 2021

Your Grandmother needs to hire a custody lawyer or your Dad and Grandmother need to hire a Mediator to draft a Custody Consent Judgment.

1 Answer | Asked in Criminal Law, Education Law, Federal Crimes and Personal Injury for Louisiana on
Q: Can I sue a local school district for poisoning my food as a child? I might have proof of substance abuse.

Well, as a child growing up, I really didn't have too much serious health issues in which alerted me even more. My dreams were to be an athlete and play in the percussion section in my school Band. My basketball ball dreams were crushed not only because how expensive the gear and fee's... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 10, 2021

A Louisiana attorney could advise best, but your question remains open for three weeks. As a general observation, based on your description, it looks like it would be a difficult case. You're talking about gastrointestinal and muscle spasm symptoms, some of which were of a fleeting nature.... Read more »

1 Answer | Asked in Child Custody for Louisiana on
Q: Father hasn’t seen kid in 12 months, behind 6K on CS- is the child required to go back to visitation
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 10, 2021

Child support and visitation are unrelated.

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