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Louisiana Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: What kind of rights does my child's father have being we were never married but he is on her birth certificate

What kind of rights does my child's father have being we were never married but he is on her birth certificate in the state of louisiana

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 31, 2021

His rights are the same as yours. Your rights and his can be specified by both of you with a mediator or by one of you filing for specified rights with an attorney.

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Louisiana on
Q: Can I legally change my children's last name? And have my ex husband rights stripped? The kids are 6&5

When we got divorced in 2018 he was in prison since then he has never portioned the court for visitation and has never payed a cent since they were born we were legally separated in 2015. Can I strip him of his rights? Since 2018 he has been in and out of jail multiple times and is a felon. This... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 25, 2021

This question comes up so frequently... Even lousy father's cannot be stripped of their parental rights if there is no new father to step into their shoes, i.e. you got subsequently got married. The public policy behind it is that even a lousy father is better than no father.

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1 Answer | Asked in Child Custody for Louisiana on
Q: The mother of my brother's kids was granted an ex parte. He and his kid's were not home.

Do the cop's have the right to search my mom's house. There is not any address ties to to her kid's nor my brother.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 25, 2021

It is not a search warrant. But your mother can be prosecuted if she shelters the children.

2 Answers | Asked in Child Custody for Louisiana on
Q: My husband's son and his wife are separated. Can their 16 year old daughter decide to live with her father?

The granddaughter's mother has allowed a male friend move into the home, and both of them are using drugs. The 16 year old is being verbally abused, at times the house has utilities disconnected and she would like to leave and live with her father. There is not a custody order in place. Can... View More

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

If there is no custody judgment, then yiur son can hire a custody lawyer, remove your grandchild and the lawyer will file an ex parte custody petition.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: How to get overpaid child support back?

I've paid in too much Child Support and my children live with me. How do I close case & get payments back?

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

1) You won't get overpayment back.

2) Hire a child support lawyer immediately to at least get it stopped,

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: My 15 year old lied to CPS so she could go live with her mom and her 19 year old boyfriend. The case was dropped

CPS dropped the case bc my daughter lied. She’s lived with me and my wife for 11 years bc her bio mom is on drugs and in and out of jail. She’s been with her bio mom for 3 weeks and they have blocked me from contacting her. How can I get her back home? Will a judge allow her to stay with her... View More

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

You're going to have to break down and hire a private investigator and then a custody lawyer

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: What legal reasons can cps in louisiana use to determine relative placement of a grandchild
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 20, 2021

CPS uses caseworkers with bachelors degrees in anything to "investigate". They collect hearsay information from law enforcement, neighbors and relatives. They do a far from thorough search for criminal and rarely family court records. They check their own records for previous cases.... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: I received a message from a man stating he was a curator to locate and notify me of a lawsuit for custody against me.

Is There a way to ask the lawyer for time to get a lawyer a legal aid attorney whatever or file for a continuance to do so? He has three other kids he has never paid child support for and a history of felony domestic violence against one of the children as well as me. He has told me that we would... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 18, 2021

If you just got served with this or were contacted by the Curator recently, then ask for a Continuance to hire an attorney. Then hire a custody lawyer.

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: Child support order was approved by a judge. No DNA was ever done, nor is the father on the birth certificate.

Is this legal? How can the State & judge approve a child support order without anything proving the child belongs to that person? This is back dating to April of 2012. The child also is not aware of me being her biologicals father, she thinks the man her mother is married to is her dad. The... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 12, 2021

You need to hire a child support attorney in TX. I suspect something has occurred without your knowledge.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Louisiana on
Q: Is there a statue of limitation on domestic violence occurrence being reported?

Multiple accounts of domestic violence and vandalism towards me by my husband, most recently 2 months ago. Is there a time frame to report this. And could I use these occurrences if a divorce is filed? No report ever filed but pictures and witnesses.

Tom Murphy
Tom Murphy
answered on Mar 25, 2021

Statute of Limitations for a first-degree misdemeanor is two years. Keep your witnesses close. Yes, you can use this information in divorce/time-sharing proceedings.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: My 17 yo was arrested, he turned 18 in custody of OJJ getting out in Jul, does ex have grounds to terminate ch. support?

I'm told I have to pay child support to the state. Child did not yet graduate high school, but is still enrolled in a virtual program while he is at court ordered transitional living facility in Baton Rouge. When released he will be coming back to live with me on probation and will finish... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 10, 2021

You can hire a child support attorney to file to terminate when he comes home to live with you.

1 Answer | Asked in Child Custody for Louisiana on
Q: Do I still have to pay state ordered child support if one of my kids now lives with me?

I was originally ordered to pay child support for our 3 kids. Now my kids are 16, 17, and 20. My 17 year old now lives with me. My 16 & 20 year old are still living with my ex wife and my 16 year old has become very disobedient and is performing horribly in school. Since only my 16 & 17... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 9, 2021

Yes, it is cause to modify support but not terminate support. Hire a custody lawyer immediately.

1 Answer | Asked in Divorce, Child Custody and Child Support for Louisiana on
Q: How do I get abandonment charges on my husband he made me loose my home and I have 2 minor kids and a granddaughter

He has my only vehicle does not pay child support lived and supports his girlfriend kids and she is pregnant for him while he leaves my kids on the side line

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 8, 2021

Abandonment is not cause for divorce. But adultery is. Hire a divorce lawyer.

1 Answer | Asked in Child Custody for Louisiana on
Q: My husband currently has my step child while birth mom has her every other weekend. There was a mediation agreement for

7/7 but birth mom was evicted and still has no solid residence or job. Both parties have agreed the new every other weekend with BM as to keep things consistent with school. This has been since December, I am wondering if there is a certain amount of time, that can be considered as this being... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 6, 2021

The parents can sign a consent judgment making this the new legal custodial arrangement or the father can hire an attorney to take it to court.

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: If child services takes a child from their mother and the father wants to sign his over to someone else how does he

Child services took the child from their mother and the biological father hasn’t had anything to do with the child since birth and is willing to sign his rights over to someone who has been in the child’s life from day 1 helping raise that child can he do that and how does he go about it

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 6, 2021

Parental rights are not independent of each other. Now that thr state has taken custody, he has no rights to sign away. If someone else has helped to care for the child, that person can hire a lawyer to intervene in the juvenile court case

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can I get my ex’s parental rights taking??

My ex hasn’t seen our kids in over a year and he doesn’t call or anything. When he would call he would lie to them all the time about coming get them. There was one time I let them go with him and my daughter called me at midnight telling me that he didn’t want to feed them. Is there any way... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 3, 2021

Unless you have subsequently married and your spouse wants to adopt, no you can't get his parental rights terminated.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: My son lives in Louisiana he is almost 2 I live In Tennessee is there a way I can get emergency custody or immediate?

My sons mother has blocked me and doesn’t talk to me. She has moved out of the state with her bf and left my son in the care of her grandmother the police don’t want to do anything for me to help. saying it’s a civil matter what can I do to gain custody of my son without having to go to... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 28, 2021

You have to hire a custody lawyer and attend court by Zoom.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Looking for laywer to help get custody of my 16 year old little cousin.

A miscommunication with his grandmother that he hasn't seen in 16 years only twice and now she's starting to say she come take him because he lives with me and his pawpaw off and on and she has in her head that Im completely lying and she's not happy about that for some reason and... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 28, 2021

You and Paw Paw need a custody lawyer.

1 Answer | Asked in Tax Law and Child Custody for Louisiana on
Q: Nov 2019, I was awarded custody of my daughter, with liberal visitation for the mother. Child lived the whole year with

me, and only went one day to her mothers in 2020. Upon filing with turbo tax, it was determined that because of the court order I would be able to file HOH and qualify for the EIC and the mother gets to claim as a dependent. Mother isn’t happy with just the dependent. In an email with her lawyer,... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 27, 2021

If you were domiciliary parent, then you get the dependency deduction unless a judgment says otherwise.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: how do i file a petition to terminate parental rights ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 26, 2021

You consult with a family law attorney to find out if you have legal grounds first, before you spend money on filing and service fees and get sanctioned.

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