My mother, two years before deceasing, made an act of donation of a rental property belonging to her and my father to my niece without my father signature as required by Art 2353. My father deceased in 2019, today this property is in his name and my niece's name. Is this act of donation valid?
answered on Sep 22, 2023
If your spouse was the actual owner in the public record, then she can donate her portion. You should review the trasnfer document to make sure it was property prepared and executed. Also, it should be noted that donation, if proper, would be donated subject to any and all encumbrances which... View More 
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answered on Aug 17, 2023
In Louisiana, if your wife purchased a vehicle solely in her name and it's repossessed, she would generally be responsible for the associated debt. Louisiana's community property laws might have implications if community funds were used to make payments. If you cosigned or have joint... View More
My wife committed adultery and birthed a child to another man. She never denied the adultery and a DNA test was done and the other man came back as 99.999999% certainty as father. The necessary paperwork regarding the paternity was done and sent to the State. Me and my wife do have a minor child... View More
answered on Aug 8, 2023
You can---but my suggestion is that you speak to a family law attorney in your area and discuss the pro and cons of filing a 103 divorce via adultery and the potential impacts this will have on incidental matters----there may not be any impacts but at least have a consult about this because you... View More
Father hasn’t seen baby in over a month (so far), contributed $0 during pregnancy and after birth, and he’s not on the birth certificate. I don’t want child support or anything from him. What are the options for terminating parental rights? Or what criteria have to be met in order to do that?
answered on Aug 2, 2023
An involuntary termination of rights usually require a set of criteria to exist. Because the consequences of termination of rights is so severe, I advise anyone seeking/considering this to set up an appointment/consult with a family/parental lawyer to discuss the specfic situation in order to... View More
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answered on Jul 25, 2023
If the child's mother has gone to jail and the child is being hidden by the grandfather, it may be a complex situation involving family law and child custody issues in Louisiana.
In such cases, the child's well-being and best interests are paramount. If you are the child's... View More
A woman has a mother who may have a power of attorney for her because the mother has taken all of the woman’s property and social security checks and has left the daughter to fend for herself in poverty. First I need to find out if the mother has a power of attorney for her daughter and if she... View More
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answered on Jul 11, 2023
A power of attorney can be revoked at any time by the principal, even if it was granted without their consent. The principal can revoke the power of attorney by signing a written revocation and delivering it to the agent. If the principal is unable to sign the revocation, they can appoint someone... View More
When she left, we had a mortgage with very little equity built up in the house. The house is titled in both of our names. Since the divorce I have paid the house off. I have also paid for the insurance, repairs, maintenance, and taxes. I have meticulous records of all I have paid on the house since... View More
answered on Jul 5, 2023
You need legal counsel to make sure your rights are protected and as such I recommend that you contact some community property lawyers in your area, set up consults and then sit down with them and specifically discuss your situation-----while the basic rule is 1/2 and 1/2, there are also... View More
answered on Jun 12, 2023
It will depend on what you are signing so we would have to see and review the proposed document in order to provide you with specific advice. That said, usually when you sign an intervenor agreement as you describe, it means you are acknowledding that the home is being purchased by your spouse... View More
answered on Jun 6, 2023
If you filed the petition and you had an attorney file it on your behalf, then please speak to your attorney and discuss this. If you filed it without an attorney, then please use the Justia Find a lawyer tab and search for family law/cusody/support lawyers in the parish the petition was... View More
answered on May 16, 2023
Divorce and property (marital/community) are two different things. You can get divorce without resolving your property issues at the same time. Since oyu have property, I would recommend that you contact a family/divorce attorney and have a consult---or contact a few attorneys and have a few... View More
answered on May 5, 2023
I am unclear as to exactly what you are seeking however because there are potential incidental matters to a divorce, which could include, child custody, child support, spousal support (permanent and temporary), & community property to name a few, I would highly recommend that you contact a... View More
if i move overseas
answered on Apr 5, 2023
If you have a lawyer, then please ask this to your lawyer----your lawyer is in the best position to know and answer your question. There are different ways of obtaining a divorce depending on each person's situation and some of them would require you to be present in court; others do not.... View More
I am custodial with joint custody of our 16 year old daughter. Always been a stay at home mom. Remarried for 11 years. Ex husband CHOSE first four days of each month visitation only. He exercised this 3 x in 12 mons. Makes over $60,000 a year and pays $500 per month court ordered support. He has... View More
answered on Mar 22, 2023
You need to review the order/judgment signed by the presiding Judge and see if it answers the questions you are asking. If it says that he is responsible for some of these costs, then yes, he is responsible. If the wording is vague then you should consult with a family law attorney in your... View More
I recently went to mediation with my ex wife. From the mediation, she is now responsible for “100% of homeschool expenses” ( how it is written in our mediation agreement) To add to the background information, I have 50% custody of my four kids and I we now share a 7 day custody agreement. I... View More
answered on Mar 13, 2023
If you had an attorney representing you, then please ask your attorney. If you did not have an attorney representing you, then I would suggest reading the agreement/order and see if tutoring is specifically mentioned. If it is mot, then unless both parties intended "tutor expense" to be... View More
It already went to a tax sale but we have 3 years to claim the home and pay the taxes and penalties.
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answered on Feb 25, 2023
It depends on the specific laws and regulations in your jurisdiction. In some cases, if one person pays the taxes and penalties owed, they may be able to claim ownership of the property. However, in other cases, all owners may need to agree to any changes in ownership or to the payment of taxes and... View More
The children do have their dads last name on birth certificate.
answered on Feb 24, 2023
What is the father's involvement with the children and have there been any legal proceedings involving the children in which rulings/judgments/orders have occurred as to custody, child support, visitation and/or otherwise involving the children. Also, is doing this in the best interests of... View More
i have minor child i want to know what are my legal rights
answered on Feb 23, 2023
To best protect your rights, you will need to have a lawyer in the legal proceedings. As such, you should really begin meeting and consulting with a family law attorney(s) in your area so you can hire the one with whom you are most comfortable. There are many issues involved, including but not... View More
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?
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
answered on Feb 7, 2023
You can if your son signs the paperwork giving you power of attorney. If your son refuses to do so and you believe your should have some sort of equivalent of a power of attorney over him, then you should consult with an attorney in your area who handles interdictions to see whether or not that... View More
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
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
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