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Louisiana Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: When is custodial parent negligent?

Ex wife has custody. I have supervised visits. No other family or friends available to assist me with visits. Leaves my ex-wife to supervise or be present, and she is not willing. Therefore I have not been able to visit with my children as per judges ruling. Sept 1 she allowed me to visit her home... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 13, 2019

You are probably eligible to hire license mental health professional or law enforcement to supervise your visitation. Ask your custody attorney.

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: If there is no formal custody agreement, do both parents have the same rights to a child?

There is no court-ordered custody agreement but the father does pay child support and the child is with the mother more than 50 percent of the time. Does the father still have the same custodial rights as the mother?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 12, 2019

Yes, until someone goes to court and gets a custody judgment.

2 Answers | Asked in Child Custody for Louisiana on
Q: S t. Tammany judge violated La.R.S. 9:364, granting sole custody of my then, 9yr old Granddaughter. My recourse?

I've just learned of this revised statute. He had supervised visits for 2 years as he was in and out of jail first tears of his daughter's life. A positive drug test by Mother who very obviously did great job raising an exceptional child and blatant lies with NO proof, brought on by disgruntled,... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 10, 2019

If you believe your granddaughter is not in a stable environment, you need to discuss the issue with a custody lawyer as soon as possible.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: My x and I have a custody trial set. She lost the divorce she is af. So before the trial she ran 2 counties over and

Filed a restraining order. The original order has already restrained her until trial.

She is denying me custody. We have a 7/7 joint custody. Nearly everything she listed is on the interrogations from the original trial and my facts stuck and hers were tossed and she lost. Now we have... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 10, 2019

You need to discuss these issues with your custody lawyer. Also, this panel is for Louisiana, not MS.

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1 Answer | Asked in Divorce and Child Custody for Louisiana on
Q: Is my fiancée allowed to babysit my children?

My ex husband and I have joint custody but I am domicile. Last year I got engaged and my ex husband, out of jealousy, states he forbids my fiancée to babysit our 2 daughters when I have to work and my fiancée doesn’t. Is it illegal for my fiancée to babysit them? He will be their stepfather... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 10, 2019

You can choose any babysitter you like. If they have a criminal background, this would jeopardize your custody.

1 Answer | Asked in Child Custody for Louisiana on
Q: I HAVE A PRO MANDATE CUSTODY ORDER GOOD FOR A YR WHICH ENDS NEXT MONTH GIVING US LEGAL CUSTODY . WHAT DO I DO WHEN IT E

PROMANDATID LEGAL CUSTODY ORDER EXPIRING NEXT MONTH GOOD FOR A YR . PARENTS OUR ON DRUGS. WHAT DO I DO WHEN IT ENDS

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 7, 2019

You can get a custody lawyer to do one of the following:

1) draft another custody by mandate for one year,

2) draft a custody consent judgement due indefinately,

3) go to mediation with the parents.

2 Answers | Asked in Child Custody and Family Law for Louisiana on
Q: If I, as a grandparent, have been granted legal custody, can their father have my custody revoked if I don't obey him?

Grandchildren were initially taken into custody by CFS after both parents were arrested on drug charges. I petitioned the court and was granted legal custody. The father is threatening to call and have my custody revoked if I do not bring the children to visit his other child at the father's... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Sep 3, 2019

You have to review the court order and see what the terms are. A common misunderstanding people have is the difference between custody, and temporary CPS placement or temporary caregiver. In the former, the terms of the custody order have to be followed. In the latter, CPS determines, in... Read more »

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1 Answer | Asked in Child Custody for Louisiana on
Q: When fighting for custody of a child can you be in a relationship(not married) with someone other than the dad?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 29, 2019

Depends on if you are married. Call a custody lawyer.

2 Answers | Asked in Adoption, Child Custody and Child Support for Louisiana on
Q: Can my husband adopt my daughter, if her biological father has not paid child support in 6 months consecutively?

My child's father is wishy washy. He is a dad when it's convenient and its hard to get state mandated child support from him. He said he would not sign the papers for my husband to adopt my child, because it would make him look like a dead beat dad. He sees her occasionally. Lives on his parents... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 21, 2019

It sounds like it's time for an intrafamily adoption. You don't need bio dad's permission. Hire an adoption attorney.

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1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: Child is three years old, has always lived with mother, I pay child support.

When my child turned 4 months old me and the mother agreed we just weren’t working together and we split up. I got a job offer out of state and moved to a bordering state. We agreed that This was a smart choice so I could better support our child. We agreed I could come down and see her any time... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 20, 2019

You should hire an attorney to seek a reduction in child support, if you are making less, and for a joint custody order.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: My kids father is on the birth certificate , he took my babies three weeks ago. Where do I start to get them back ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 19, 2019

Hire a custody lawyer to file for custody and their return.

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: My daughter is 3, child support order arranged, mother is custodial parent. Child has resided with mom since born.

I pay child support, and have always made an effort to see my daughter. The mother, after three years just started letting me take my child do things only one time a month though, and would tell me to go sit at my child’s grandmaws house to see my child because she knows I will not do that, my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 18, 2019

I don't know how many years your time with your child has been dictated by the mother. Hire a custody attorney to get guaranteed time with your child. Create a text or email record of regularly requesting more time.

1 Answer | Asked in Child Custody for Louisiana on
Q: Would I legally be able to withhold my children from their mother because she is being evicted and will be homeless

I need to know if I file for emergency full custody how soon would it be granted

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 17, 2019

Your attorney can't file for emergency custody and walk it through for the judge's signature until she HAS been evicted. Unless she has some other issue like drugs.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can my child's step father's income be supplemented for her mother's income if she isn't working?

At the time that my child support was set up my child's mother was not single and not working. After everything was finalized and we agreed on "co-domiciliary parents" she went off and got married. My lawyer said that if I wanted to later on down the road to try and get a reduction in child support... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 17, 2019

No it is not based on the step father's income. But income can be imputed to her from her last job and any benefit she drives from his income.

1 Answer | Asked in Child Custody for Louisiana on
Q: Wanted to know how to go about getting child support from my baby’s father when I’m married and my husband is not the

the father,she carries his last name but we are not together he’s incarcerated

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 16, 2019

You won't get child support until he is released.

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: I was awarded full custody of my son on 8/9 & child support stopped, but my ex cashed a prior check dated 8/15.

I gave my son’s mother two checks, one dated 8/1 and one dated 8/15. I got my son for my usual time with him on 7/24, and due to his mother getting evicted and tons of other legal issues, I filed and received emergency custody of him on 8/9. She still cashed the check dated 8/15 even though it... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 16, 2019

You can now seek child support from her and repayment of that check.

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: How do I take my daughter's dad back to child support court?

I made a deal for 400 but now I'm not working at the moment. He doesn't see my child due to her coming home with handprint marks on her. I have an open CPS case right now and we go to custody court Aug 27th. He doesn't ask about her and like I said I won't allow him to see her after that. I found... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 13, 2019

Call the DA's office and open a child support case

1 Answer | Asked in Child Custody for Louisiana on
Q: Do Standard Custody papers in Louisiana state you can't live with your significant other without being married?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 12, 2019

Now that half of all children are born out of wedlock, I don't know of any judges that will disturb custody for living with a new partner UNLESS:

1) there is a specific stipulation precluding it,

2) the relationship is less than 6 mos old or is not exclusive.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: How can I have my son's dad's rights stripped from him?

I was awarded sole custody of my son in 2018. His father hasn't seen him since 10/17 & hasn't called or tried to contact him since 12/28/17. He owes $13,450.03 in back child support (won't go up again until Sept) & has only made 6 payments since he was court-ordered in 2016. 3 June '18 & 3 June... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 9, 2019

You can't "strip" his rights unless your subsequent husband adopts him. You can't change your child's name, unless he consents.

1 Answer | Asked in Child Custody for Louisiana on
Q: My ex is giving me false addresses so that i cant serve her for custody,i have not seen my daughter in 4 months.

I have heard of service by publication but do not know where to search for Louisiana laws on it.please help.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 5, 2019

No you can't serve that way. Hire a private investigator to locate her and serve her.

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