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Louisiana Child Custody Questions & Answers

1 Answer | Asked in Child Custody and Family Law for Louisiana on

Q: Contempt of court. My Custody agreement is summer week off and on school days every other weekend. It has been a month

(1)my husband told her to get off the phone she started her mom told her she didn't have to get off the phone (2)she had an event and the mom had the child to call The day before the event the agreement states the mom is to give 2 week notice.(3)allowed the daughter to go to the dance teacher house... Read more »

Ellen Cronin Badeaux answered on Jun 19, 2019

You need a consultation with a custody lawyer. Your question is hard to follow for lack of punctuation.

2 Answers | Asked in Child Custody for Louisiana on

Q: How much is it to file for voluntary custody transfer

My mom agreed to give me custody of my son back

Ellen Cronin Badeaux answered on Jun 18, 2019

Attorneys cannot quote prices on justia.

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2 Answers | Asked in Adoption and Child Custody for Louisiana on

Q: If I’m 19 and my nieces have been in foster care for 2 years. could I get custody of them ?

Douglas Lee Bryan answered on Jun 13, 2019

You would have to go through foster parent training and certification. You should speak with the childrens' caseworker to discuss the requirements.

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2 Answers | Asked in Child Custody for Louisiana on

Q: I need help with Ex Parte Custody question

if the mother was released from mental hospital at the time the father filed Ex Parte Custody, and father cannot find mother and son to serve order, will the father be granted custody? Mother’s home was really dirty, could that be grounds to win Ex Parte Custody? Mother is stable now to take care... Read more »

Ellen Cronin Badeaux answered on Jun 11, 2019

You can hire a private detective to find your child and serve her. If you have proof of filthy home, like photos, that can be grounds.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on

Q: How can I go about getting my arrears down , and my daughter turned 18 in nov of 2018 , got a letter in the mail saying.

She’s in school for another year and I still have to pay, even though she got held back and it’s not my fault what should I do

Ellen Cronin Badeaux answered on Jun 7, 2019

1) you have to pay until she graduates from high school or turns 18, whichever comes last. But in no event past age 19.

2) only way to get arrears down is to pay them. Arrears are not even dischargeable in bankruptcy.

2 Answers | Asked in Child Custody, Family Law and Juvenile Law for Louisiana on

Q: Is there a legal age for a child to be home alone and in the care of a younger sibling?

Douglas Lee Bryan answered on Jun 7, 2019

It really depends on the maturity of the child (and the sibling) and any special needs of the sibling. Usually 12-14 has been acceptable in past situations, depending on the circumstances.

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2 Answers | Asked in Family Law and Child Custody for Louisiana on

Q: Mom gets TPR but Dad finishes case plan and gets kids back from foster care. How much contact with Mom is permitted?

Scenario.. If Dad can stay clean but mom can't, he works to get kids back for him and mom. Once the court give custody back to dad, he lets mom move in and they are back to where they started before dcfs was called. Is it illegal for the mom to move back in after her tpr?

Ellen Cronin Badeaux answered on Jun 6, 2019

If CPS finds ou ur Mom is back in the house, Dad's rights will be terminated. He needs to choose: kids or Mom...he can't have both.

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2 Answers | Asked in Child Custody and Family Law for Louisiana on

Q: Who do I contact if drug test were falsified in our custody case where they are biased?

Douglas Lee Bryan answered on Jun 3, 2019

Your lawyer should file to exclude the report if there's actual proof that it was falsified.

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1 Answer | Asked in Child Custody for Louisiana on

Q: Can a 17 year old decide to stop going to Dad's for he is bipolar and always brings up past?

She will be 18 in 2 months

Ellen Cronin Badeaux answered on Jun 2, 2019

No. A 17 year old is still a minor.

2 Answers | Asked in Child Custody and Family Law for Louisiana on

Q: If a temp exparte order is null and void under 3945 at first hearing for custody modification, can it remain in effect?

Childrens father improperly retained our 3 children at the end of summer break 2018. at which time, i was served with a rule to show cause, and rule to modify custody, and an ORDER granting the father temporary custody until the hearing set for 09 13 2018. A request for a hair follicle screen for... Read more »

Ellen Cronin Badeaux answered on Jun 2, 2019

Hire a custody lawyer in the parish in which your case is being heard.

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1 Answer | Asked in Family Law and Child Custody for Louisiana on

Q: What can we do if everyone on our case is bias?

It started in parish it’s in, we’re not allowed to transfer to a our parish where we live 2 1/2 hours away.

Ellen Cronin Badeaux answered on Jun 2, 2019

Hire a family law attorney to file a forum non convenies motion.

2 Answers | Asked in Family Law and Child Custody for Louisiana on

Q: If a hearing officer's recommendation is appealed, does that mean that recommendation is in effect now?

Last year, my sons grandmother was given sole custody of my son with me having visitation. We went in front of a hearing officer last week, and she recommended joint custody with me being domiciliary parent. I appealed the recommendation due to me wanting sole custody and next court date is in... Read more »

Ellen Cronin Badeaux answered on May 25, 2019

A change in custody recommendation is not enforceable if it has been appealed. A change in visitation is enforceable if it has been appealed. Hire a custody lawyer.

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1 Answer | Asked in Family Law and Child Custody for Louisiana on

Q: Mother left infant with me, he is now 2. How can I terminate parental right?

I don’t want her to show up and take him since she is biological parent

Ellen Cronin Badeaux answered on May 21, 2019

You can hire an adoption attorney to file for adoption and termination of parental rights.

1 Answer | Asked in Child Custody and Family Law for Louisiana on

Q: We were ordered by the court to take a "mini" evaulation, 4 years after I was awarded custody of my child in Aug. 2015

I have sole custody of my child for the last 3 years now. Failed drug screen and medical neglect in which my daughter had hearing loss up until she had tubes put. Dr called OCS on medical neglect. At that point my ex-wife was then awarded supervised visitations every other Saturday. She recently... Read more »

Ellen Cronin Badeaux answered on May 21, 2019

You need a custody evaluation if you think that the custody evaluation was not performed adequately.

1 Answer | Asked in Divorce, Child Custody and Child Support for Louisiana on

Q: I've been living at the same rental house for 7 years and I got married 8 months ago but I want a divorce

I've been living at the same rental house for 7 years and I got married 8 months ago but I want a divorce because my husband turned out to be controlling and emotionally abusive. He's monitoring my calls, I can't talk to family members or friends for long, I feel trapped, etc. We have a 4-month-old... Read more »

Ellen Cronin Badeaux answered on May 17, 2019

Hire a divorce attorney. She can get you use of the home within a month.

2 Answers | Asked in Adoption, Child Custody and Family Law for Louisiana on

Q: my husband conceived a child with another woman and he will be on the BC she does not want child how do i get rights

can adopt him since he will be under my husbands name? what are my rights.

Douglas Lee Bryan answered on May 13, 2019

This would be what's called an intrafamily adoption and is not as complicated as a private adoption, if the biological mother is willing to surrender her rights. Give me a call and I'll be happy to discuss the process and potential costs in more detail.

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2 Answers | Asked in Child Custody and Family Law for Louisiana on

Q: I have sole custody that was granted by ex parte where there was no hearing cause it was emergency how to get son

It was an ex parte order for custody an I was awarded sole custody with out a hearing how do i get my child back.

Ellen Cronin Badeaux answered on May 12, 2019

You are leaving something out of your question because it says you got emergency custody, but you're asking how to get your son back. Call a custody lawyer.

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1 Answer | Asked in Child Custody for Louisiana on

Q: If a person admits guilt of contempt which caused a custody battle because of contempt why should that person not atty

Person not pay atty fees for what that person caused

Ellen Cronin Badeaux answered on May 10, 2019

If you signed a contract to pay an attorney or were ordered by a judge to pay an attorney, then you need to pay the attorney or you can be sued or held in contempt.

1 Answer | Asked in Family Law and Child Custody for Louisiana on

Q: How old do you have to be to decide who you want to spend most of the time with in joint custody situations?

Hello, I am 14 and my mom and dad have joint custody. Because of conflict between me and my dad(My dad drinks and used to fight with my mom and stepmom), I want to stay with my mom most of the time. I already asked a DA and they said 14 was the age in Louisiana but I still want to be sure. my dad... Read more »

Ellen Cronin Badeaux answered on May 5, 2019

Actually it's 12 when uou first have input but not the final say. Your Mom needs to hire a custody lawyer

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1 Answer | Asked in Child Custody for Louisiana on

Q: If I don't go to court for custody of my child will I have a bench warrant?

I don't want to fight it because I'm the one who sent my daughter to my MIL. I was served papers by the police.

Ellen Cronin Badeaux answered on May 2, 2019

Please go to court with a lawyer so you don't get screwed.

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