Lawyers, Answer Questions  & Get Points Log In
Louisiana Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Louisiana on
Q: Daughters mother died. She was unmarried and I want custody. Grandparents filed false ex parte.

Hi, my daughters mother passed away last month. I went to pick my daughter up but found that the grandparents ordered an ex parte and it was granted. The exparte claims numerous false statements. And claims I abandoned my child, yet I have been there in some form every year since birth. Since 2017... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 24, 2021

You need to hire an attorney for your custody hearing who can evaluate the evidence.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Does child support get adjusted when my children go back to school? More details below.

.

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

When your youngest child turns 5, your attorney needs to file a Motion to Modify child support. If she doesn't go back to work, income can still be imputed to her.

1 Answer | Asked in Child Custody for Louisiana on
Q: When child goes with Father. Am I to send him with all he needs? Ex. Diapers, Clothes etc?? Help...
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 16, 2021

No. Both patents should have clothes, diapers, food, etc.

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 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.

3 Answers | 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.

View More Answers

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 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 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 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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: Mother is unstable. Does the father have a chance at getting full custody?

Couple divorced after 13 years and 3 children later (pre-teen girls). Father has served 15+ years in the military and is highly ranked. He is non-deployable and is 5 years away from retirement. Mother is unemployed. They currently have 50/50 custody but the children are wanting to be... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 5, 2021

Absolutely. Send the 14 year old to counseling. Hire a custody attorney who can file for any kids 12 or more to testify.

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: Paying child support and visitation. Father isn’t working and stated I can’t see her until court is over with in march

I filed for contempt of court because he isn’t letting me see my child and now he is saying I can’t see her until March after court is done. I want custody this is ridiculous! I am not allowed to see her because he wants money and is mad I don’t want to be in a relationship with him

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 5, 2021

Keep a calendar of every night you do get her and every request that is denied. Then hire a custody lawyer QUICKLY if you have a court date.

1 Answer | Asked in Adoption and Child Custody for Louisiana on
Q: I have sole custody of my son and his father is absent , also on drugs . Can I get my husband to be able to adopt him ?

I have sole custody due to domestic violence and proof he is on drugs. What would I need to do ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 4, 2021

If the bio-dad has not paid child support and has not attempted contact with his son for 180 days, hire an adoption lawyer to do the adoption. If he has paid child support or has attempted contact with his son within the last 180 days, then hire a custody lawyer to get you a sole... Read more »

1 Answer | Asked in Child Custody for Louisiana on
Q: Can I file for custody if the other parent has her?

My ex ran off with my kid an I want to file for custody. Can I still file an get her back?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 4, 2021

You can and must file within 180 days of your child being removed. Hire a custody lawyer immediately.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: How soon can my ex take me back to court?

My ex and I went to court less than two months ago for child support and custody. He gets our child every other weekend and split Holidays,etc. Now after realizing how much he is going to have to pay he says he’s taking me back to court for 50/50 custody. The only thing he could possibly have... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 1, 2021

No required non-litigation period. He can take you back to court immediately.

1 Answer | Asked in Child Custody for Louisiana on
Q: I have 50/50 custody of my granddaughter.what do I do when orders are broken?

She has already blocked my phone number and is refusing to let me have her this weekend or at all anymore

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 29, 2020

Hire a custody lawyer and file for contempt.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What age can my partners children choose to live with us and be acknowledged in court?

My partner just went to court for his two children 8 &10 to come live with us, the mother took them to Arkansas when they were little, we live in LA We only got Awarded for them to come once a month to our house for less than 24 hours She lied the entire time during mediation. The mother always... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 29, 2020

At age 12 the children can have a direct voice in where they live. However they can have an indirect voice now with a custody evaluation. Hire a custody lawyer and file an Objection to the Hearing Officer's Recommendation.

1 Answer | Asked in Child Custody for Louisiana on
Q: If the mother loses her rights to her child are the maternal grandparents still considered as such? Visitation rights?

Child is 7yo. Grandparents raised from birth to 4yo when dad got out of prison. He remarried, moved to Louisiana and now wants sole custody. He has already completely cut the mother out with the exception of seeing her child when grands are allowed to have child.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 27, 2020

Grandparents can still get court ordered visitation by hiring a custody lawyer.

1 Answer | Asked in Child Custody for Louisiana on
Q: My childs mother filed for sole custody (with several false accusations) without my knowledge

and has been granted sole custody of my child (leaving me with only supervised visitation) while he is still in my care and has been for the passed year. He is 3 years old. The police went to our old house with a search warrant looking for my child. I just found out about this case yesterday and it... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 25, 2020

You dont have a court appointed lawyer. You have a curator. Yiu need to hire a custody lawyer immediately.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.