Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Louisiana Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can i move in with my father?

I am almost 17. My mother and my father have joint custody but I was never able to see my dad, along with my sisters and stepmom because of my mom. My dad lives in missouri i live in louisiana. If my dad came and got me and took me in to live with him would I be forced to go back home?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 15, 2023

You didn't say whether there's a judgment determining custody, but your statement that your parents have "joint custody" makes me assume that there is one. Your father would need to file a Rule to Modify Custody in the custody case asking the court to give him domiciliary... View More

1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Domestic Violence for Louisiana on
Q: How can I get a lawyer to takea case pro bono? Legal Services where I live says they don't have the resources

Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 3, 2023

I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Am I required by the courts in Louisiana w/notice of deposition of opposing party, and not have any legal consequences.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

Your post is missing something which does not allow one to attempt to answer your question.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: in louisiana is a notice of deposition a requirement by the courts to go and answer to the other parties attorney.

I do not want to answer to them, and my attorney is not deposing them, and telling me to go to this deposition. It feels to me I'm bringing the bullets to the gun owner. .. It is a custody case with many twist .

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 19, 2023

If you were not subpoenaed to appear, then you cannot be punished for refusing to appear, assuming you are not a party to the lawsuit. You mention that your attorney is telling you to go, which makes me think you are a party, however. If that's the case and you fail to appear, then the... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: If opposing party subpoenaed documents from the police department are they required to share those documents with me
Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 27, 2022

If you ask for a copy of them in discovery, then yes.

1 Answer | Asked in Family Law, Child Support and Child Custody for Louisiana on
Q: Is it hard to prove that you child’s father has a business (second income) if he don’t file taxes for that business?

He have business cards and a Quickbook account he gives customers receipt from. I have a copy of the business receipt that was given to a customer for him replacing his AC unit.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Dec 1, 2022

Any credible evidence can be used to prove income. It's important, however, to make sure that the evidence you have is admissible under the Louisiana Rules of Evidence. You should consult with an attorney familiar with custody and child support cases to make sure you have what you need.

1 Answer | Asked in Child Custody for Louisiana on
Q: If I know my grandchildren are not in a good environment and are around not good people, can I fight for custody?

The material grandmother has custody

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 22, 2022

Sure you can however it does not mean you will win----the overall circumstances and what's in the best interests of the children are the big points. Also, you do not mention the children's parents and what's the children's parents here. All said, if you are wanting to get... View More

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Louisiana on
Q: I lived temporarily in New Orleans for 4 months with my minor child and her home state is NY, can I get case transferee?

I was served by her father who is a New Orleans domicile seeking joint custody and to establish paternity also he is not on the birth certificate. I moved my daughter her temporarily (4 months) and her home state is in New York (10 months). Can I have the case transferred or dismissed even though... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 10, 2022

You really need to speak with a Louisiana attorney who handles custody matters. There's a lot of additional information the lawyer would need to know to answer the question, such as where the child was born and when the petition was filed.

1 Answer | Asked in Child Custody and Juvenile Law for Louisiana on
Q: My son been locked up on this charge violation of a protective order. Bond 25,000 what to do?

First time ever going through this situation. I need an Louisiana Lawyer

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 6, 2022

Use the Find a Lawyer tab and search for either a criminal defense lawyer and/or possibly a family law lawyer (depending on the circumstances of the protective order) in the area where your son is located. Call a few lawyers and then hire the one with whom you are most comfortable. Good luck.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: My ex-husband and I have joint custody of our 16 year old son. He built a house an hour and 5 minutes away and wants son

To commute. This puts him on the road at 6 AM (he got his license in June so still not experienced driver)to get to school on time. He plays football and gets out of practice most days in between 6:30-7:00. I try to get along and work with him but this seems very unfair. He’s not discussed any of... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 22, 2022

Does the judgment/order say address this? If it does, then is he in violation? If it does not, then did you have an attorney representing you in connection with the judgment/order-----if so, please contact said attorney and discuss----if not, or if you prefer not to reach out to said attorney,... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: It's been 9years since my child seen his dad and he isn't on the birth certificate can he force me to allow visits?

.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 12, 2022

If he takes you to Court and the Court ordered the visitation, then yes. That said, is there already an Order in place for visitation which he has not followed for years? My advice is that you consult with a child custody attorney now and discuss your options, including whether to be proactive... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can you bring evidence to prove something that the judge already decided on?

I was given custody of my child due to her grades and poor hygiene. Her other parent is taking me back to court and is bringing evidence for things that happened before the first court date.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 1, 2022

If a Judge will entertain the legal document filed and have a hearing, then yes, however, if you do not already have one. then you need to retain a custody/support lawyer to assist and represent you in this matter. Good luck.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: If my kids mother filed for child support we have a court date in October can they just put it on paper for us

Like if we come up with a agreement before court can the courts just put our agreement in motion

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 22, 2022

Yes, if both sides reach an agreement and reduce it to write, then you may submit it to the Court for approval. Depending on the agreement and how the written document is prepared, the Court may still want you to appear in Court to confirm that each side is in agreement.

1 Answer | Asked in Child Custody for Louisiana on
Q: If you file a ex parte how would my lawyer know if i got it are if I got sole custody is my lawyer in the room when the
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 22, 2022

Your post is unclear but if an ex-parte is filed, the filing side is supposed to certify to the court the efforts made to notify the other party and/or other party's lawyer. But I am not sure if that answer the inquiry you are seeking.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: How do I know if my ex husband still has parental rights to our son?

My ex-husband has been incarcerated for 8 years and hasn’t helped raise or financially support our child. Does he still have parental rights? Can I ask him to give up his rights?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 10, 2022

You really should set up an appointment and speak to a child custody or family law attorney about this process and the pros and cons of terminating his rights. In answer to your questions, you ex still have parental rights unless they have been judicially terminated----if he seeks to exercise any... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What can we do about a biomom who constantly takes the other parent's time?

My husband is the domiciliary parent. Kids go with biomom every other weekend during school and every other week over the summer. Last time we went to court was in 2018. Last judgement was that biomom was still under supervised visitation, however, our attorney at the time advised us to let them... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 5, 2022

If the biomom is not abiding by the judgment in place then take her back to Court ask that she be found in contempt. That said, depending on all of the circumstances, biomom might also seek modification of the current judgment. I would contact a custody lawyer in your area and/or the attorney who... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: If my name is the only one on the BC and no child support , don’t I have full custody? Cops say ex isn’t kidnapping…

My daughters father decided not to bring her back after she spent the weekend with them. I have raised her all by myself for almost 7 years no. Not a singly penny form him. He didn’t even meet her until she was almost 5! This is his 3rd time spending time with her and he refuses to bring her... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 13, 2022

You need to immediately contact, consult and then hopefully hire a child custody lawyer in your area. Discuss the specifics of your matter with the potential lawyer and come up with a game plan going forward. Good luck.

1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: Mom in need of free or low cost legal help pertaining to unsettled matters long after divorce was finalized.

Asking for a friend. Divorced mom is unable to claim her children on her taxes or receive any type of child tax credit, although the children reside with her full time. The children’s dad has shown very little interest in the lives of his children since the divorce. He also refuses to settle any... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 6, 2022

Call/contact the local and state bar association and see if they have contact information for lawyers in your area with whom she might be able to consult on a pro bono basis, or if they can provide the number for legal aid. At this point in time, it sounds like there are already judgments in place... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: If I do not have an attorney, how do I respond to an ex Parte motion?

There are untruths in the ex Parte

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 27, 2022

While you may not have an attorney, you can and should certainly try to hire one to assist you with responding and representing you. In the meantime, additional information is needed to respond to your post as there are multiple ex-parte motions which have different ways/requirements for... View More

1 Answer | Asked in Child Custody for Louisiana on
Q: My ex husband has sole custody of our 2 girls. My ex and I want to change our legal custody to our girls living with me.

What do we need to file with the courts so that we both share custody but they now live with me..

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 22, 2022

If you have an existing Order/Judgment then you probably need to do a modification, but if significant changes have occurred since the Order then it might be best to file a new suit----without more information, people on this board cannot adequately provide guidance. I strongly recommend that you... View More

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.