Louisiana Questions & Answers

Q: Can a grandparent will heir property to a sole child or grandchild?

1 Answer | Asked in Intellectual Property for Louisiana on
Answered on Mar 18, 2019
Griffin Klema's answer
This is not an intellectual property question, but rather a real property issue, or probate issue. Consider re-posting the question under the correct topic.

Q: The father of my child has temporary custody what can I do to get my daughter back in my custody?

1 Answer | Asked in Child Custody for Louisiana on
Answered on Mar 17, 2019
Ellen Cronin Badeaux's answer
Hire a custody lawyer to review the facts of your case.

Q: The father and I broke up a days ago . he won't allow me to take her. what are my rights

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Answered on Mar 16, 2019
Ellen Cronin Badeaux's answer
Mothers and fathers have the same custodial rights. If he won't let you have your child, then hire a custody lawyer.

Q: Who do you notify if your spouse marry someone else while still legally married to you?

1 Answer | Asked in Family Law for Louisiana on
Answered on Mar 16, 2019
Ellen Cronin Badeaux's answer
Notify the following:

1) the Sheriff's Office,

2) hire a divorce attorney,

3) the 2d wife.

Q: Which parent will receive disability benefits for the minor children?

1 Answer | Asked in Civil Rights, Social Security, Divorce and Family Law for Louisiana on
Answered on Mar 16, 2019
Ellen Cronin Badeaux's answer
The custodial parent receives the children's benefits as long as a copy of the Custody Judgment has been sent to the agency.

Q: If Party A &B give each other addresses to each other but break up and post each address in public is it illegal

1 Answer | Asked in Criminal Law for Louisiana on
Answered on Mar 16, 2019
Ellen Cronin Badeaux's answer
You can hire an attorney to file for a Restraining Order against harassment. Otherwise, it's not illegal.

Q: Is a traffic violation a misdemeanor ? such as going over the speed limit

1 Answer | Asked in Traffic Tickets for Louisiana on
Answered on Mar 14, 2019
Ellen Cronin Badeaux's answer
Yes speeding tickets are misdemeanors.

Q: Can my son be around Ex’s new girlfriend if I have a restraining order against her?

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on Mar 13, 2019
Ellen Cronin Badeaux's answer
You can't get a restraining order for threatening not to pay child support. You can get contempt for failure to pay child support. You can get a restraining order for a threat of physical violence. Father is allowed to bring anyone around his son that he sees fit.

Q: I punched a truck and left a very minor dent. The cops that wrote the me citation with court date did not take picture.

1 Answer | Asked in Criminal Law for Louisiana on
Answered on Mar 13, 2019
Ellen Cronin Badeaux's answer
I'm assuming the dent is still there. So they can go back and get a picture, and appraisal for repair, without your knowledge. It's a misdemeanor, not a traffic ticket. So the penalty is more than just a fine.

Q: my dad was killed in a vehicle accident . is it law to take blood samples from the driver

1 Answer | Asked in Wrongful Death for Louisiana on
Answered on Mar 13, 2019
Douglas Lee Bryan's answer
Yes, the police will take a blood sample from all drivers involved as part of their investigation. My condolences on your loss.

Q: in a vehicle fatality is it law to do blood test

2 Answers | Asked in Wrongful Death for Louisiana on
Answered on Mar 13, 2019
Douglas Lee Bryan's answer
Yes, the police will perform a blood analysis on all drivers involved.

Q: Company doing work to a ditch with truck parked in roadway and they do not have traffic control. Are they liable ?

1 Answer | Asked in Car Accidents for Louisiana on
Answered on Mar 12, 2019
Ellen Cronin Badeaux's answer
Company should be implead as a defendant by your attorney. If you don't have a lawyer,yo u are going to need one.

Q: Is there exception to 30 day clock if I was not mailed or served with notice of judgement? Opposing counsel erred.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Answered on Mar 12, 2019
Ellen Cronin Badeaux's answer
Extension of time for what? You need to consult with an attorney because more details are needed.

Q: If i have been separated for 8 years from my husband. We no longer live together. Would I be entitled to anything?

1 Answer | Asked in Divorce for Louisiana on
Answered on Mar 11, 2019
Ellen Cronin Badeaux's answer
You are entitled to half of all property acquired during your marriage, if no one has filed for divorce. You are also responsible for any debts incurred during your marriage.

Q: Child support ordered in Louisiana mom moves to Pensacola Florida. Who has jurisdiction?

1 Answer | Asked in Child Support for Louisiana on
Answered on Mar 11, 2019
Ellen Cronin Badeaux's answer
1) Whether she has moved or not, you still can use the tax dependency exemption for the child, if it was granted to you in a judgment.

2) You can force her to move your child back to Louisiana if it occurred within the last 24 months.

Q: I’ve been raising my son for 11 years by myself,do to his dad leaving while I was 5 mths pregnant.

1 Answer | Asked in Family Law for Louisiana on
Answered on Mar 11, 2019
Ellen Cronin Badeaux's answer
Hire a custody lawyer if you are served with something.

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