Louisiana Questions & Answers

Q: My dad and his brother own a home. They both passed away. How is home devieded with grandchildren

1 Answer | Asked in Real Estate Law for Louisiana on
Answered on Mar 22, 2017

That's probably going to depend on how they owned the home and possibly who died first. If they were joint tenants with right of survivorship, the last one to die probably became the home's sole owner and the property would pass to his heirs (if he did not have a valid will) or his devisees (if he did have a valid will). If, however, they owned the property as co-tenants, the heirs or devisees of each one would share the interest of their ancestor. The grandchildren would probably only...
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Q: Can I apply for child custody without applying for child support?

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Answered on Mar 22, 2017

Yes, you can file and ask the court to address whichever specific issue you wish to be decided. In fact, you can let the court know that the issue of child support has been agreed upon, and ask that the agreement be included as part of the judgment.
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Q: My son went to visit his father and now he will not give him back. He said he was filing temp. custody for him.

1 Answer | Asked in Child Custody for Louisiana on
Answered on Mar 22, 2017

I strongly recommend that you contact an attorney immediately to file on your behalf for contempt and for the return of your son. Give me a call, and I'll be happy to discuss the matter with you further.
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Q: AFTER SENDING THE INTENT TO RELOCATE LETTER TO NON CUSTODIAL PARENT WHAT HAPPENS IF HE OBJECTS BUT DOESNT FILE A MOTION?

1 Answer | Asked in Family Law for Louisiana on
Answered on Mar 22, 2017

My understanding of the law is that his objection must be done in the court proceedings in which your custody decree is entered. If he hasn't done so, I would say you may relocate without being in violation of the relocation statute. If he objected by filing his objection in the court suit, my recommendation would be to file for court approval of your proposed relocation. Give me a call; I'd be happy to discuss this with you further.
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Q: My son's father has recently gotten custody back even though he was behind 10k Is there anything I can do?

1 Answer | Asked in Family Law for Louisiana on
Answered on Mar 21, 2017

You can file a rule for contempt for the back child support, and for the refusal to allow visitation if that is a violation of an existing custody order. You should consult with an attorney regarding these matters. I'd be happy to speak with you and advise you as to the steps I can take to help you. Give me a call, toll-free, at 866-368-4279.
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Q: Could have separation of property before finishing discovery or divorce decree?

1 Answer | Asked in Divorce for Louisiana on
Answered on Mar 21, 2017

Yes, in Louisiana one can petition the court for a decree of separation of property once a divorce suit has been pending for at least 30 days.
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Q: My husband made 2 things stating I was in control of his possessions should he pass signed and witnessed. Is it legal

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Answered on Mar 18, 2017

Without seeing the documents it is impossible to say whether or not they are going to be 'effective' ... you NEED to seek local legal advice ASAP to know what to do here. If things are getting ugly it is almost too late, but take the documents you have to a local probate attorney (or an estate planning attorney if your husband is still alive!) and get this reviewed YESTERDAY.

It will only get harder the longer you delay.

-- This answer is offered for informational purposes only...
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Q: If a person gets arrested for vehicular negligent and the amount is no more than two thousand but bond is 2500

1 Answer | Asked in Car Accidents and Personal Injury for Louisiana on
Answered on Mar 15, 2017

You would need to move for reduction of bond; Depends on the original charge. Suggest you get an attorney who handles those types of cases.
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Q: What happens when a creditor fails to appear at the Examination of Judgement Debtor?

1 Answer | Asked in Civil Litigation for Louisiana on
Answered on Mar 12, 2017

Consulting with an attorney to take care of this situation would be prudent of you. An attorney can help you to dismiss the judgment against you or at least make sure that it is not left open and give you some closure.
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Q: Is there a way to legally bind two people, as in they always to be together?

1 Answer | Asked in Family Law for Louisiana on
Answered on Mar 10, 2017

First of all, congratulations to your husband. As to your question, the only law I can think of that would grant any such privilege would be if he was declared physically or mentally incompetent and was interdicted, with you being appointed as his legal curator. Or, perhaps if he had some other disability that required you to care for him.

Again, congrats and good luck.
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Q: How to establish paternity in Louisiana

1 Answer | Asked in Family Law for Louisiana on
Answered on Mar 7, 2017

From what you're saying, it does not appear that your fiancé was properly served. The first thing he needs to do is hire an attorney to file an exception of improper service and to have the judgment annulled, since he wasn't properly put on notice. Once that is done, he can force the mother to submit to DNA testing to determine paternity. I'd be happy to help. Have him give me a call!
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Q: My ex husband has not seen my son in 8 years

1 Answer | Asked in Family Law and Child Support for Louisiana on
Answered on Mar 7, 2017

In Louisiana, the statute of limitations (deadline) for recovering back child support is ten years. So yes, you should be able to file suit to recover at least a portion of the delinquent child support. It's important to act now, however, because each month that passes is another month that you will likely be unable to recover. Give me a call; I'd be happy to help you with this matter.
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Q: my father is deceased and he has a lawsuit with a lawyer in Texas against Sherwin Alumina Co. In Ingleside Tx. we are

1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Answered on Mar 7, 2017

Go to the courthouse. Find the estate. Look at the filings. that should tell you.
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Q: In July my husband slipped and fell at a friend's home. Should we sue their homeowners?

1 Answer | Asked in Personal Injury for Louisiana on
Answered on Mar 6, 2017

The question in Louisiana is whether your friends were negligent and whether that negligence was a cause in fact of your husband falling. In Louisiana, one must prove that there was a defect (or problem) that caused your husband to fall, that your friend knew (or should have known) about the problem, and that the problem was a cause in fact of his accident. If so, now is the time to act, as your husband only has one year from the date of the accident to file suit. Give me a call. I'll be...
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Q: I got a ticket a month ago for 12 miles over limit but got one for 23 mph over today! first ones! File article 894??

1 Answer | Asked in Traffic Tickets for Louisiana on
Answered on Mar 4, 2017

I would highly recommend contacting a local attorney who specializing in traffic law as well as criminal law. There may, in fact, be other alternatives such as art. 892.1. Here is the statute:

http://web01.dps.louisiana.gov/omv1.nsf/58c968bd569b099986256cdc000806eb/8e0980a118ba71c6862564b60046dd83?OpenDocument

www.lehmanlawgroup.com
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Q: my dad was killed in a head on car crash by a driver that had multiple drugs in his system (meth,weed) what's the charge

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Louisiana on
Answered on Mar 3, 2017

My sincerest condolences on your loss.

The criminal charge would likely be vehicular homicide, which is death resulting from an accident where, in relevant part:

1) The offender is under the influence of alcoholic beverages;

(2) The offender’s blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood; or

(3) The operator is under the influence of any controlled dangerous substance...
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Q: a dentist at a dental school shared my medical information with a co worker I lost my job , what attorney ??

1 Answer | Asked in Employment Law and Health Care Law for Louisiana on
Answered on Mar 3, 2017

I am licensed only in Louisiana, but under Louisiana law, this would fall within the realm of malpractice. I would suggest you start by contacting an attorney that handles medical malpractice matters. Good luck.
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Q: What is needed to prove adultry in Louisiana? Can him confessing to it on a recording be used?

1 Answer | Asked in Family Law for Louisiana on
Answered on Feb 26, 2017

Yes, such a recording can be used. It would have to be proved by a preponderance of the evidence (more likely than not) that he committed adultery. The recording, along with other evidence, could certainly be persuasive. Good luck.
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Q: Vehicle yields at stop sign, sees that the 2 vehicles in oncoming traffic signal to turn right.

1 Answer | Asked in Traffic Tickets and Car Accidents for Louisiana on
Answered on Feb 23, 2017

Did you in fact see the second vehicle signal to turn right or did it signal to go into that lane but then view blocked and you assumed it was going to go right Vehicle going straight can rely on the signal of the second car if and only if that signal was in full view all the time.
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Q: Can my husband install a security camera in an apartment we lease in LA together without my knowledge?

1 Answer | Asked in Divorce for Louisiana on
Answered on Feb 22, 2017

Under Louisiana law, if a person owns or has the right to use of property, he or she may install security cameras on/in it. Of course, one cannot install surveillance cameras in areas where privacy is expected, such as in a restroom or shower area.
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