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Louisiana Family Law Questions & Answers
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... Read 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 Family Law and Tax Law for Louisiana on
Q: If the non custodial parent owes in arrears, are they able to claim the child as a dependent on their taxes?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 3, 2021

No. The tax dependency exemption is not available to a parent in arrears in child support.

1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: Louisiana 50/50 custody agreement with child support listed on court documents to end on 18th birthday.

Child will graduate 6 months after 18th birthday. Do I have to pay until graduation? We have a agreed upon end date of the 18th birthday listed on the signed court documents.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 2, 2021

You have to pay until graduation, if still shy of 19th birthday. Parents cannot abridge the rights of the child to receive support under statute.

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: If i closed a chidsupport case how soon after closing kids medicaid can i reapply in louisiana for their medicaid
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 1, 2021

You can apply for medicaid immediately.

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... Read 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... Read more »

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

You and Paw Paw need a custody lawyer.

1 Answer | Asked in Family Law for Louisiana on
Q: Is my stepsister legally able to change my deceased father's bank account to her name,stepsister has interdiction o mom?

My dads will left only usufruct to his wife

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

Hire a successions attorney immediately.

1 Answer | Asked in Family Law for Louisiana on
Q: Can a non custodial parent claim child on their taxes until they’re 24 years old if they are paying for healthcare?

Child is in college full time, 19 years old and works a job. She is trying to claim herself on her own taxes for money for tuition.

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

Child can claim herself if she makes more than $600/yr.

1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: Can child support continue for a child that is 19 and on college full time. Support no longer received after high school

Don’t want to go that route but other parent is being extremely difficult

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

On going child support ends at 18 or high school graduation, whichever comes last but not later than 19th birthday. However, arrears still due for 10 years.

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: My girlfriend's baby father was arrested on home invasion today, what should her next steps be

She was at home and her baby father (not on birth cert) showed up and she would not let him into her RV, she asked him to leave repeated. He decided to try and force his way into her home, damaged her RV, scared her child. She has it on video. He was arrested on home invasion charges. She is... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 23, 2021

She should hire a custody lawyer to file for ex parte custody and a protective order.

1 Answer | Asked in Family Law and Adoption for Louisiana on
Q: Can my fiancé and I petition for him to adopt my son?

Biological father pays support through the state but chooses to not have contact despite having the child’s direct personal number?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 23, 2021

In order to adopt:

1) you have to be married,

2) you have to shut down your support enforcement case.

1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: Can I get the interest dropped or waived on my child support
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 23, 2021

Yes by the recipient. But the state won't waive it.

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: Can a hearing officer order a drug screen without any evidence, in a custody battle?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 19, 2021

Short answer, yes. But the Judge can also assess the cost of the drug screen to the party who requested it, if the results are clean.

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1 Answer | Asked in Adoption and Family Law for Louisiana on
Q: can a child whose been adopted do a reverse adoption at 20 years old

I want to be unadopted im 20 years old and broke

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 19, 2021

If your biological parent wants to adopt you as an adult they can. They will need an adoption attorney.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Can the cop legally do this after being married for 15 years and together after 18 years

Can a cop make a married couple stay away from each other by signing a piece of paper saying we would stay away from each other he said we had to sign it or go to jail can he legally do that I mean we got two kids together one is 16 and the other one is an autisc 12 year old don't we need to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 19, 2021

One of you need to hire a lawyer. This officer has overstepped his boundaries, playing Judge.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: My non-lawyer ex wrote a custody agreement. I would like to know if it's completely ridiculous.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 17, 2021

Hire a lawyer to review the document.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Louisiana on
Q: can my son's aunt void out my transfer of custody by mandate done Jan 18th by getting ex parte on jan25th??

I had a notary come and notarize transfer of custody by mandate on January 18th 2021 me & the father signed.

Our sons aunt who our son has been with since November 19th of 2020 had no legal rights to him we never signed anything giving her any type of custody any type of guardianship.... Read more »

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

The answer depends on what she alleged in her Ex Parte Petition. You need a custody lawyer to review that and the facts of the case with you. You have a hearing coming up.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Married 2009 and have 2 kids together. Purchased new mobile home last year; can he evict the kids and I? He never lived

He never moved with us after I found out he was cheating. We have bond for deed property and making monthly payments. It's considered his separate property bc I didn't think anything when I signed off on it and I knew my credit would be no where on the mobile home when purchased so I... Read more »

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

It is still community property unless you signed a Declaration that it is not. You can get use of community property, but not separate property.

1 Answer | Asked in Family Law for Louisiana on
Q: How do I get my daughter cremated if I don't know who or where the father is. I'm the only parent on birth
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 4, 2021

Get certified copy of birth certificate for Coroner

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