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Louisiana Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What are a man's legal rights regarding a child conceived out of marriage in Louisiana?

13 days after engaging in sexual relations with a man, a woman sends him a text saying she is late. After no response from the man, she sends a pic of a home pregnancy test and a watch (presumably to show date and time). The next week, she sends a pic of an ultrasound, presumably hers. After no... Read more »

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

Father's and mother's right are equal in Louisiana

1 Answer | Asked in Family Law, Adoption and Child Support for Louisiana on
Q: Trying to adopt

I am raising a child that’s not biologically mines since birth & she’s 8. What can I do to adopt if birth mom not replying

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

Hire an adoption lawyer.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What is legal standpoint on my sons father saying we cannot communicate or work together because hes black and im white

Shared custody, with parental alienation

I would appreciate any insight into what the laws say about this situation. Thank you

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 29, 2020

The law says absolutely nothing about biracial parenting.

1 Answer | Asked in Adoption and Family Law for Louisiana on
Q: My girlfriend has a 2 year old daughter. The father has not been in the picture ever. No contact. Nothing.

He isn’t on the birth certificate and he moved cross country and is now married with another child. His current wife is trying to contact us and threatening with court so he can see his child. Who he has never seen. Can he get custody? And as her boyfriend do we have to be married for me to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2020

Yes you have to be married to adopt. If he gets visitation and pays child support, that will prevent adoption.

1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Louisiana on
Q: Can a wife get the locks change of domestic Islands happened between her and her husband in Louisiana
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2020

If the home is community property or rented in both names, then she can file a Protective Order and ask for exclusive use of the home and change the locks.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Libel & Slander for Louisiana on
Q: My son has been kidnapped by his grandparents and they refuse to return him to me. What should I do?

xxx was my attorney during my custody case a few years back. Prior to the Corona breakout, my son was punished at home for refusing to do his chores, and went to school saying he wanted to kill himself, counselors had him admitted to Brentwood. There, he accused me of abuse. DCFS began an... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 25, 2020

Call 5hr Sheriff's Office or contact your attorney.

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1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: What if I don’t agree with an increase amount? Also can they count overtime as income when it’s not guarantee?

I live in Texas now, case is in Louisiana. February 2019 went to court for increase because state said I had to. Now a year later they are saying I need another increase, well the mother is saying I need to pay more. Our daughter doesn’t want for anything and the child support I pay now is just a... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 25, 2020

If you are now not making overtime then you need a decrease and should get a child support lawyer to go-to court. Overtime can be included if it is regular.

1 Answer | Asked in Family Law for Louisiana on
Q: Do I have rights to see my younger brother and have visitation with him?

I have a 14 year old brother who lives with his paternal grandparents that I am not able to see due to them basically cutting me and my brother off. A little history: my mother allowed them shared custodial rights over my brother about 6 years ago. I don't know the nature of custody in... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 23, 2020

You have the right to visitation. However you would have to hire an attorney.

2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: I've been married for eight years. My spouse has been drinking alot. I can't feel comfortable leaving her with our kids.

She's been in and out the hospital for drinking and other problems that go along with that. I just fear for our two kids. However biologically one of them is not mine. I fear for the safety of them and I want them out. I myself want to step away from her as well. I'm just not sure what to... Read more »

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

You can file for Ex Parte custody of both kids including the one that is not biologically yours.

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2 Answers | Asked in Child Custody and Family Law for Louisiana on
Q: How do I prevent my children’s father from gaining custody if I pass away?

I have 2 kids. They are 12 and 10. Their father is on the birth certificate and we have a custody agreement. However, he is not part of their life and hasn’t been for the past 8 years, doesn’t pay child support, and lives across the country. They have had zero contact with him during this time.... Read more »

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

You can designate a Guardian in your will and then that Guardian can file for custody if you die before they turn 18. Get an estate planning attorney to write your will

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1 Answer | Asked in Domestic Violence and Family Law for Louisiana on
Q: Husband serving time for dom.abuse & child endangerment. When released can he return home without my permission?

The police said there was a protective order but how long is this good for? I want a divorce and dont want him back but considering we are married how does it work? He has nobody and I know he will try to come here 1st chance he gets

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 17, 2020

Look at the date on the protective order to see how long it is good. If you want a divorce and exclusive use of the house, hire a divorce attorney. If he shows up before the protective order expires, call the police.

1 Answer | Asked in Family Law and Adoption for Louisiana on
Q: If my rights where terminated and my father adopted my daughter can I get her back she's 15 now and wants to be with me
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 14, 2020

Your rights were terminated when she was adopted and you can't get her back until she is 18.

2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: Ex isn’t paying car payment that she got in divorce but it’s in my name.

Do I have to hire a lawyer to sue her to make her pay the payment. After a year she letting car go back because it’s in my name but in the divorce she got all rights to the car cause she wanted the car. She has mess my credit score up.

Stephen Rue
Stephen Rue answered on Jul 13, 2020

The community property judgement co trips if you have one.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Can I (legally) move out at 17?

I'm 17 years old and cant stand my father or his girlfriends toxic behavior. It is seriously deteriorating my mental health and i really want to move out already. I dont turn 18 until next May and just want to know if I will be held legally accountable if I leave, since i know he wont consent... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 13, 2020

No you are a minor.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: If both parents move away from the Parish in which custody arrangements were first ordered, do they relocate the case?

I currently reside in Jefferson Parish and my ex, in St. Tammany. My child told me his dad is buying a home in Metairie or New Orleans soon, so I wonder, will St. Tammany court lose jurisdiction?

Stephen Rue
Stephen Rue answered on Jul 11, 2020

To a degree it depends on the prior judgment, who is designated the primary domiciliary patent and whether the relocation was agreed to. See a lawyer.

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2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: I feel like my attorney is not trying to represent me very well and I am do for court on Tuesday. Can I hire another .

I am domicile parent of my 11 year old son. My ex-husband is behind on child support and is now remarried. The two of them are all the sudden taking me to court 7/14/2020 to try and gain custody of my son. My son gets extreme anxiety when it gets closure to his dad's week and I have yet to get... Read more »

Stephen Rue
Stephen Rue answered on Jul 11, 2020

You should Candidly talk to your attorney about how you feel. You could always hire another attorney but an attorney ref net needs time to know your case and prepare.

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1 Answer | Asked in Family Law for Louisiana on
Q: Motion to compel: Does a discovery conference or phone call have to be declared a 10.1 conference before it begins?

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Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 9, 2020

Written Notice of a 10.1 has to be sent by fax or email or USPS and must be attached to the Motion to Compel.

1 Answer | Asked in Family Law for Louisiana on
Q: I just wanted to get my name change to what it supposed to be and I’m asking how much do I have to pay my name is

I want my daddy last name it’s xxxx he’s dead and I know he will not be on my birth certificate can you help me do this please and thank you!

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 9, 2020

Call a family law attorney who does name changes. Attorneys cannot quote prices on Justia.

1 Answer | Asked in Family Law for Louisiana on
Q: My grandma passed a week ago. She has 5 kids, but left me her house in a will, I have the will. What do i do?

I live in LA the home is in MS

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 9, 2020

Hire a succession attorney and open the succession now.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My attorney said I can’t be present for my spousal support hearing and I don’t know why. Can I be denied that right?

...

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 9, 2020

In 27 years I have never heard of that. Is there a protective order?

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