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Louisiana Questions & Answers
1 Answer | Asked in Car Accidents for Louisiana on
Q: Can someone file a claim through your insurance company after an accident if they didnt stop

Car hit someone but they did not stop after the accident they got the license plate number went home and filed a claim with insurance..

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 22, 2021

Yes they can file both an insurance claim and accident report with the Sheriff.

1 Answer | Asked in Divorce for Louisiana on
Q: If there are no wishes to dispute the divorce, will I need to appear for the rule of show cause?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 22, 2021

Yes you need to appear.

1 Answer | Asked in Divorce for Louisiana on
Q: My attorney refuses to ask my husband to update his income on his interrogatory and production of documents.

He submitted an interrogatory and production of documents a year ago and lied about his income. He has two sources of income and only reports one. My attorney then said that his second source of income will only be brought up in the event he states that he can’t afford my interim spousal support.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 20, 2021

Parties have ongoing obligation to update Discovery Responses. Your attorney knows the law.

1 Answer | Asked in Family Law for Louisiana on
Q: Do I need a lawyer to get my name (non biological father) off of a child’s birth certificate?

I am not the biological father after dna test proved it. The kid is set to begin school soon and would like to remove my last name from his name and also my name off the birth certificate.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 19, 2021

Hire a family law attorney to file a Disavowal for you as soon as possible

2 Answers | Asked in Child Support for Louisiana on
Q: Child support termination or reduction

I’ve been paying child support for my 2 children, ages 18 and 21, which one is special needs. My special needs son has recently passed away and my 18 yr old is still in school and working. Am I still obligated to pay the full amount till she is 19 or does my child support automatically reduce to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 19, 2021

Nothing is automatic. Call a child support lawyer to do a recalculation and reduction.

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Louisiana on
Q: is it illegal to audio record someone taking care of your child without their consent if you suspect child abuse?

I suspected that my ex-wife was abusing my children. So, I placed an audio recording device in a car that I own but she uses often. Sure enough, after I came back from work and listened to the recording, I found out that she was abusing my son to an extreme psychological level. What should I do? is... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 17, 2021

No exception. It's still illegal

1 Answer | Asked in Domestic Violence for Louisiana on
Q: if you went to jail for lying on police report, will the innocent defendant charges get dropped once they go to court?

I previously filed a false police report on someone because I was extremely angry emotional dealing with morning sickness ,don’t know What came over me, so I went to jail because I confess will the DA still prosecute since I told the truth? Will charges be dismissed in court? Or will a innocent... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 17, 2021

His attorney needs to call you as a witness if it is not dismissed.

1 Answer | Asked in Uncategorized for Louisiana on
Q: Do you have to pay for a public defender in Louisiana
Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 17, 2021

Sometimes. The average rate for most misdemeanors is probably around $1,500---$2,000 depending on the charge. True, if you call around you might be able to find an attorney who will charge less than $1,500--$2,000 depending on the circumstances, but there are also attorneys who will charge more.... Read more »

1 Answer | Asked in Adoption for Louisiana on
Q: I have had FULL LEGAL PHYSICAL custody of my daughter since 2007; biologically she isn't mine. I want to formally adopt

She is 20 yrs. What steps do I need to take?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 17, 2021

She's an adult, so if she is on board, hire an adoption attorney.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: can my brothers lawyer lie and accuse me of fraud

he is administrator and has completely neglected the property, home and funds- he has used ins funds and never fixed the home then claimed more damage and had appraisals done that changed from C5 to C3 even though the home is gutted and unlivable-however his lawyer attacks me in an 11 page... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Do you have an attorney? If you have an attorney representing you, then please discuss this with him. If you do not have an attorney, then please use the Justia search function and look for succession/probate attorneys in your area, set up a consultation or 2, discuss your issues, obtain your... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Can you tell me if I should file a response to an appeal before the court date? And if so is there a form available

I went through eviction process one the case in JP court. The tenant filed an appeal in civil ct but did not file an appeal bond. She owes me approx 19k to date. The judge accepted the appeal set a court date for 2 months away. In the tenants appeal she lied throughout it nothing she said was... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

An appeal from JP court has different requirements/deadlines than other courts. Also, if an appeal bond is needed and no appeal bond was posted, then that can be grounds to dismiss the appeal. Your post asks about a "response" to an appeal which I am not sure if you meant an answer to... Read more »

1 Answer | Asked in Child Custody for Louisiana on
Q: Can I request an ex parte temporary custody order if the child hasn’t been physically hurt yet ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 16, 2021

If the child is in danger, yes you can file for ex parte custody.

2 Answers | Asked in Child Custody for Louisiana on
Q: Can my girlfriend, who lives with me, stay overnight when my 14 year old daughter stays with me.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 16, 2021

Yes if you are divorced or were never married and you have been in this relationship for at least 6 mos.

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1 Answer | Asked in Animal / Dog Law, Civil Litigation and Small Claims for Louisiana on
Q: if someone pays part of cost to buy dog as gift, can they claim & win ownership in court?

microchip in my name, vet records and registration papers in my name. sheriff's office refused to intervene despite paperwork, stating civil matter.

*I filed suit with justice of peace.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 16, 2021

File for civil conversion with the justice of the peace.

1 Answer | Asked in Child Support for Louisiana on
Q: can a 25 year old disabled child recieve the back child support payments if they never lived with their parents ?

i'm 25 years old I am disabled and my dad has been in arrears for a while he finally filed taxes after 3 years & notified me that I should be getting a lump sum payment. Is my Biological mother entitled to the funds even though I never lived with her & someone else raised me and is my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 16, 2021

Whoever had LEGAL custody of you will get the lump sum.

1 Answer | Asked in Products Liability for Louisiana on
Q: Is it legal for my girlfriend to get my vehicle towed from the place where we both live because she was mad at me?

I legally still live at her place, and she called the tow company and told them that she didn't know who the vehicle was for.

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

If you legally lived there, and she caused it to be removed she is liable for the costs of recovering it. Whether police will accept a complaint is a different thing. If you have registration showing it was yours for some time, she knew that, then they might.

1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: Can an elderly person donate property to another person?

Grandmother wants to give 50% of house to grandson.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 11, 2021

As long as the donor is of sound mind, the donor should be able to donate his/her interest to whomever he/she wants----since you are discuss a house, which I interpret to mean real property, there are rules on how to donate real property, which if not followed, may nullify the donation----so, I... Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: How do my fiancé and I get 50/50 custody of his 6 year old daughter?

The mother is an alcoholic. She has been driving drunk with the child in the car numerous times, even to bring her to my fiancé's mother's house. She lives in a terrible house with mice, mold, and holes in the walls. She is remarried and is the domilicary parent but never includes my... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 11, 2021

You need to hire a child custody lawyer and bring the Mother back to Court to seek a change in the current custody arrangements.

1 Answer | Asked in Business Formation and Business Law for Louisiana on
Q: i need an affidavit but im not sure what its called can you help? i just need to know the name

I was just employed by a start up company and they want me to get an affidavit saying that I am the only one who has claim to any business information. for example if I were to get married and then divorced my spouse could not have any of my shares in the company

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 11, 2021

Short version is that you and/or your employer should hire a lawyer to properly draw up all of the paperwork you are discussing/seeking. It would seem that your employer would have an interest in doing this because I assume that there may be additional person(s) --whether employees or business... Read more »

1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: someone gave me a dog 5 months ago and now out of the blue after not once checking on him they want him back.

unfortunately he is chipped in their name . i have most recent vet records in mine

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

Tell them no, get the dog licensed and shots, try to get them to admit in person or on the phone that they gave you the dog, and record it.

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