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Louisiana Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Temporary custody was given to me and I let her visit hermom and adult brothers and aunt's. But she won't give her back.

Her mother refuses to give child back. We live in ga and they live in lousiana. The Mother lied about having an apt and doing well and is currently living in a one bedroom apartment with the child's aunt. But is refusing to let us come back and get her. It was supposed to be a visit bc she... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on May 28, 2020

You should consult with an attorney as soon as possible to review the custody papers you have and advise on your options. Your next step will likely depend on whether the papers you have giving you temporary custody were signed by a judge.

1 Answer | Asked in Family Law for Louisiana on
Q: My little brother is 16 years old. Can my mother stop him from visiting relatives in other states?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 28, 2020

Yes. He is a minor. His father may be able to facilitate extended family visits.

1 Answer | Asked in Family Law for Louisiana on
Q: Can I get custody of my grand daughter?

She is 14 and I have had provisional custody by mandate for 10 months Before she moved with me she had multiple seizures due to her parents not picking up her meds .Her mother agreed for her to live with me because she was being bullied at school and my other grand daughter was sent to her other... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 24, 2020

Print photos of injuries from falling out of the tub

Get med records from getting hit by a car showing parents never showed up.

Get school records documenting bullying. Then call a custody lawyer quickly.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: If a grandparent has had her three grandchildren(one she has full custody of) in her care for over 2 months, because

the custodial parent is in jail for a very serious crime. But now the parent in jail is wanting someone else to care for the kids, could they take them away from the grandparent that has been caring for them? Does the parent have a leg to stand on while in jail?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 21, 2020

The grandparent can file for custody of all 3 grandchildren. Hire a custody lawyer. If you don't thr parent can give all 3 kids to someone else and enforce it.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: My custody/divorced decree is in MS. Ex and child live in FL and I live in LA. Need to get visitation redone + custody.

Need to redo custody and visitation plus possible child support but I live in Louisiana and ex-wife and child live in Florida. Divorce decree was done in MS. 14year old daughter wants to live with me, my wife and her 3 sisters to grow up with them and also because her mother and boyfriend have... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 20, 2020

If your child lives in FL for at least 6 months, then you need to hire a FL custody lawyer.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: Do u still have to have a hearing if you filed a motion of default?

My attorney filed a motion of default and I still had to attend the hearing for custody, alimony and division of some assests..I wasnt properly represented and he ended up not paying alimony , getting his visitation with the child unsupervised and the home which I initially purchased when we got... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2020

So your attorney filed a Preliminary Default and at the Prima Facia hearing got clobbered. Hire a new lawyer. But yes, there had to be a Prima Facia Hearing to confirm the default.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can I take my daughter on vacation out of state during this covid pandemic without her mother’s permission?

We have shared joint custody and her mother is the domiciliary and the custody agreement states “the minor child shall not be removed from the state of louisiana”. We switch on Sundays for the week and I want to take her to Oklahoma to visit my family. Is this allowed? Do I need her permission?... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2020

I strongly recommend not taking your child on "vacation" out-of-state for vacation during a pandemic. Your judge and the other parent could very likely regard this as reckless and contempt.

1 Answer | Asked in Family Law for Louisiana on
Q: i’m 17 and i’m ready to leave my parents custody i’m from louisiana
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2020

You are a minor and can't move out without your parents permission until you are 18.

1 Answer | Asked in Family Law for Louisiana on
Q: my friend who is 17 years old, can she move out of her mother’s home to go live with a friend if the parents allow it?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 16, 2020

17 is a minor. Friend can get arrested if friend is adult if mother doesn't sign Custody by Mandate.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Father took daughter and won't disclose location and refusing her medical care

Father of my 7 year old daughter took her from his sister's house on May 2nd and we haven't seen or heard from her since. He refuses to let me talk to her, see her or know where they are and won't bring her home. She has a cast that was scheduled to be removed and checked out this... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 16, 2020

Removing a cast is easy so I would say no, that is not grounds for emergency custody. However, you do need to hire a custody lawyer to file and get custody.

2 Answers | Asked in Adoption and Family Law for Louisiana on
Q: Can the rights of a father be taken away without his consent? My fiance is wanting to adopt after we are married.

He is not listed as the father on her Birth Certificate, it is blank. I was young and naive and thought I was going to get child support from him. They had to establish paternity but he did not show up in court. I received a letter a few months letter basically saying in the eyes of the court he... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 15, 2020

The Mother's omission of the the father's name from the birth certificate, professing to not know who the father is, is fraud if she DOES know the father's identity. This does not compromise the father's rights.

The father has until twelve months AFTER he knows he is...
Read more »

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2 Answers | Asked in Adoption and Family Law for Louisiana on
Q: Can the rights of a father be taken away without his consent? My fiance is wanting to adopt after we are married.

He is not listed as the father on her Birth Certificate, it is blank. I was young and naive and thought I was going to get child support from him. They had to establish paternity but he did not show up in court. I received a letter a few months letter basically saying in the eyes of the court he... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on May 15, 2020

The biological father's consent is not required if he has failed to communicate (or attempt to) without just cause for over 6 months, or if he's failed to comply with a a court order of support for over 6 months.

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1 Answer | Asked in Family Law for Louisiana on
Q: In Louisiana, can I obtain visitation rights so I can see my nephew?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 11, 2020

Yes, hire a family law attorney to file for you.

1 Answer | Asked in Family Law for Louisiana on
Q: My daughter is 18 and would have graduated this week. COVID 19 delayed graduation 2 mts. Do i have to pay CS 2 mts more
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 10, 2020

You need to pay child support through 31 May 2020. Then you are done.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Civil Rights for Louisiana on
Q: Do I have to leave my grandmother's property that I've lived on for 20+years since they turned off the electricity

I have alot of stuff and currently working on my truck so no way to move it right now

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 8, 2020

You don't provide enough information to answer the question. Call an attorney.

1 Answer | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: Can you lose visitation rights if you harbor a runaway child who is subject to the visitation rights?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 8, 2020

Yes you can lose visitation. You can also be criminally charged.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: I had allowed my ex in laws temporary custody when I went to prison. How do I get my child back

My wife (ex-wife) were arrested my in-laws took temporary custody of my youngest daughter. I served my sentence learned and am doing much better now I have not been allowed any contact with my daughter since March of 16 and they have not allowed my family or my other daughter to have any contact... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 8, 2020

Hire a custody attorney to seek custody.

1 Answer | Asked in Cannabis & Marijuana Law, Family Law and Child Custody for Louisiana on
Q: Age 16 left home due to being punished for marijuana use in our home. He is living with girlfriends family.what to do?

16 year old completed senior year and will graduate. Turns 17 in Sept. Previously arrested for drugs at school (2018) and completed probation program. Caught him smoking pot in our house again and took electronics away. He left that night and went to girlfriends house. Girlfriends parents told... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 5, 2020

Call the police to get him returned and into counseling. If not, he's gonna be a Daddy within the year and stuck with 18 years of child support.

1 Answer | Asked in Family Law for Louisiana on
Q: Is there anyway my fiancee and I could obtain a marriage license with the COVID shut down going on?

need to be marriad ASAP

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 2, 2020

Call the Clerk of Court for your parish or check out the website.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: I'm confused about which divorce to file-- with or without kids

My spouse and I have children from the marriage, but kids were taken by cps 4 years ago and custody given to my parents. Looking to file possibly in Caddo or Jefferson parish. But are we eligible to file uncontested without kids as we don't have rights to make decisions, or will the judge see... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 1, 2020

Unless your children have been adopted, you need to file "with children"

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