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Louisiana Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Louisiana on
Q: I was divorced 8 years ago. I had custody up until about a little less than a year ago. The only reason I lost custody w

as because I didnt have enough money to keep paying for mediation & definitely not for court. My daughter is very unhappy living with her dad, so much so she has repeatedly attempted suicide. All she wants is to live with me, but he refuses. He doesnt care about her, just as long as he... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 26, 2019

She can't do anything. You can hire an attorney, file to modify custody, for a custody evaluation & for emergency custody.

1 Answer | Asked in Child Custody for Louisiana on
Q: my question is for a co-worker! He has a 16 year old son that wants to live with him but his ex-wife is saying that he

cannot. Is the son old enough to decide which parent he can live with? She won't let him talk to him and she is not answering his phone calls! In Louisiana what age can the child decide which parent he wants to live with?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 25, 2019

Child cannot decide until age 18. Buy they can give the judge their input starting at age 12. Hire a custody lawyer

1 Answer | Asked in Child Custody for Louisiana on
Q: I was in trouble with the law and went to i had to give my ex temporary custody and need to know how to get custody .

I was arrested and went to jail and was given papers to sign to give my ex temporary custody so that child services wouldn't get involved. I didnt want to but was afraid of cps . its been over 3 years and i want my daughter back home

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 24, 2019

Hire a custody lawyer to file for you. But you did the right thing. CPS will just muck it up. If it was drugs, get three clean monitored drug tests.

1 Answer | Asked in Criminal Law, Child Custody, Child Support and Wrongful Death for Louisiana on
Q: Is Filiation and Paternity the same thing? Also is there a peremption period to establish paternity after death?

Louisiana Vital Records require a court ordered Judgment of Paternity to amend / add a father. My father has been deceased since April 1991 and it is now Nov 2019. Is there peremption period that could cause my case to be dismissed?

My father legitimated and became my presumed father. I... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 22, 2019

Filiation and paternity are the same thing. If you were acknowledged or legitimated, your attorney should be able to obtain a Judgment of Paternity and ordering Vital Records to add his name to your birth certificate. However, how could this matter 28 years after his death?

2 Answers | Asked in Child Custody and Child Support for Louisiana on
Q: Can grandparents raising grandchildren get child support from the parents of the children?

We are caring for our two grandsons who are 11 and 5. The 5 yr old is severely disabled as he is deaf, has cerebral palsy, is on the autism spectrum,is not potty trained, has Klinefelters and a few other diagnoses. Mom is in a sober living home and dad has moved to California. The only support we... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 15, 2019

First you need a custody Judgment. Then you can seek support from both parents.

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1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: My daughter is with my sister without my permission. I want my daughter back but my sister is fighting me on it.

My daughter was in the care of my mother at the time. She allowed my daughter to visit my sister in Louisiana. But now my sister will not let me have her back.

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

You have not explained why your daughter was in your mother's care. If there was no court order granting custody to your mother, then you should just be able to show up at your sister's home and call the police. If there is a prior custody order, then you need to hire a custody lawyer... View More

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: I have been paying child support for the last few years now but not sure if he is really mine or not .

I have been paying child support for the last few years now but I'm not sure if he is really mine or not . I am not on the birth certificate and we have never gotten a DNA because she will not do it. Can the courts make sure do a DNA? If it turns out not to be my child can my child support and... View More

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

If you have unsupervised visitation, pick up a DNA test at CVS, Walgreens or online. If not, then hire a custody attorney to get a judge to order one.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can the mother deny me from keeping or seeing my grandson when he lived wit me for last year and a half and was primary

Caregiver

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

Yes the parent can deny you access. Consult with a custody lawyer and find out if you have "standing" to seek visitation.

1 Answer | Asked in Child Custody for Louisiana on
Q: My wife has been doing drugs, drinking, and has severe mental disorders. How can I get custody?

She has been doing drugs and drinking heavily behind my back. She has severe borderline personality disorder and has become abusive in all aspects. I have to protect my children but she is threatening to take them out of state. What can I do now to protect our children if she wont seek help?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 3, 2019

Document her drinking, drugs and personality disorder by gathering receipts, making recordings, getting pharmacy records, gathering doctors' names, etc. Hire a custody lawyer and file for emergency custody.

1 Answer | Asked in Child Custody for Louisiana on
Q: Is it my responsibility to bring kids back and forth to their mothers? I have provisional custody for many reasons.

One reason being their schooling. They start school monday. If their mother does not have them back sunday night and they are not in school what am I suppose to do?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 30, 2019

Your judgment should say who provides the transportation. If it doesn't, then hire a custody lawyer to get that in a Motion.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Mother of child wants to change everything now, including less time for me with child. Is she legally able to do this

Things have been fine since we did our initial custody/child support agreement 5 years ago. She now wants more money and much more time with her. Can she legally keep me from seeing our daughter? Said I will be served soon. What steps can I take to ensure things stay the same?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 26, 2019

HIRE A CUSTODY LAWYER! Put together a calendar of every night you have had your daughter since 1 Jan. Gather 3 tax returns and 3 paycheck stubs.

1 Answer | Asked in Child Custody for Louisiana on
Q: Both parents agreed, since la laws change every year, In 2018what law states it’s ok to surname child mothers maiden nam
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 23, 2019

It depends in the date of birth, marital status 300 days before and after birth. Consult with an attorney to run through the details.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: My son's father decided to move out of state a year ago. He has maybe sent 200$ child support the whole year.

He is now threatening me about getting custody of my son. My son has lived with me since birth! He can't prove me unfit.... Any advice??

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

1) Go to the D.A.'s office and open a child Support Enforcement case,

2) hire a custody lawyer if you are served with anything,

3) file for custody, before you give him visitation, if you don't have a custody judgment.

1 Answer | Asked in Child Custody for Louisiana on
Q: My exwife and I have co domicile custody and shes recently told me shes been on drugs for 6 months.

Her current husband beat her up and she got a restraining order on him. Shes living in his family home and I'm concerned for the safety of my child from both situations. Can I get temporary full custody until she gets her situation straightened out?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 14, 2019

Yes. Hire a custody lawyer.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: I’m 17 years of age and would like to move out of my parents home am i able to legally ?

I have a job and car

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 14, 2019

No you are a minor. You need to wait until you are 18.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can my children dad keep my children from seeing are talking to me if I have a warrent
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 14, 2019

Until your attorney clears up the warrant and files contempt, yes.

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: Can my kids father gain joint custody of our kids ?

Back when my kids was 2 now 7 I file for a motion of sole custody from my kids father. And it was granted for 4 years. Our past history he shoot my mom house while I was pregnant and after having the kids he pulled out a gun on me which made me put a restraining order on him to keep him away from... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 11, 2019

Print any texts or emails. Get copies of all police reports and convictions. Get spreadsheet from Support Enforcement showing how much child support he owes, then hire a custody lawyer if you get served.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Do I need a lawyer to parental terminate rights or can I file paperwork myself??

Father has not tried to contact our daughter since July of 2017.

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

That won't do it. You can get him terminated if your husband wants to adopt, he hasn't paid child support in 6 mos, and hasn't seen his child in 6 months.

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: I am now sole custody parent but have arrears for child support. How will the arrears be handled
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 10, 2019

Your attorney needs to file. Motion to terminate you as payor, set you as recipient & do set off for arrears you owe.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: What are the proper steps to take to move out of state with a child?

My sons father is on the birth certificate and was ordered to pay child support years ago but we don’t have a custody agreement. My son has just always lived with me and visits every other weekend or one weekend a month. What are the proper steps I need to take to be able to legally move out of... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 8, 2019

Hire a custody lawyer to send the statutory notice and represent you in requesting a hearing

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