Louisiana Family Law Questions & Answers

Q: My current spouse and I have a prenuptial agreement. Can my ex-spouse impute my current spouses income?

1 Answer | Asked in Civil Litigation and Family Law for Louisiana on
Answered on Apr 15, 2019
Ellen Cronin Badeaux's answer
Ex spouse can only impute the benefit you derive from expense sharing, not your spouse's income.

Q: If he has no visitation rights what else would need to be done to relocate the children ?

1 Answer | Asked in Family Law for Louisiana on
Answered on Apr 3, 2019
Ellen Cronin Badeaux's answer
Hire a custody attorney to meet the requirements for relocation.

Q: Non Custodial parent withdrew his visitation rights it is now court ordered what does that mean ?

1 Answer | Asked in Family Law for Louisiana on
Answered on Apr 3, 2019
Ellen Cronin Badeaux's answer
No he can't come to the school.

No you cannot relocate the children.

Yes you need a lawyer.

Q: How how does a hearing officer have to render it's recommends to the courts and parties?

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Answered on Apr 2, 2019
Ellen Cronin Badeaux's answer
By email or in writing. You have a short deadline to file an Objection.

Q: Can I adopt my niece who is the age of 35 years old ?

2 Answers | Asked in Family Law and Adoption for Louisiana on
Answered on Mar 31, 2019
Ellen Cronin Badeaux's answer
Yes if she wants to be adopted hire an adoption attorney.

Q: Ex MIL filed for visitation saying we refuse ~ when she has not called them n 16mth. Can we fight it? Accusations r lies

2 Answers | Asked in Family Law for Louisiana on
Answered on Mar 28, 2019
Ellen Cronin Badeaux's answer
You need a custody lawyer immediately. Your attorney has 15 days to answer after you have been served. More information is needed to answer the question, like is the mother alive or in the military or in jail or hospitalized?

Q: open succession without a surviving spouses approval or help. How do we find out how much money is in accts

1 Answer | Asked in Estate Planning, Family Law and Probate for Louisiana on
Answered on Mar 28, 2019
Douglas Lee Bryan's answer
Retain an attorney to open her succession. An attorney experienced in handling probate law is familiar with the steps to determine what assets exist and the methodology to value them.

Q: Can he sign that hes the father but the child have my last name amd not his since we arent married

1 Answer | Asked in Family Law for Louisiana on
Answered on Mar 27, 2019
Ellen Cronin Badeaux's answer
Yes he can legally be the father without the child having his name.

Q: How is it my daughter husband ONLY served 3months in jail for 2ND DEGREE ASSAULT WITH WEAPON?

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Louisiana on
Answered on Mar 26, 2019
Douglas Lee Bryan's answer
That is a question best asked of the assistant DA or victim's assistance coordinator with the DA's office.

Q: I have a custody agreement from out of state how do I put it on file in Louisiana?

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Answered on Mar 25, 2019
Ellen Cronin Badeaux's answer
File for Contempt in the State in which you and the minor child live.

Q: Do I have to pay a certain percent of my son's private school tuition? My ex says by law I have to pay 60%

2 Answers | Asked in Divorce and Family Law for Louisiana on
Answered on Mar 21, 2019
Douglas Lee Bryan's answer
Private school can be included in in the child support calculations, depending upon the circumstances. If the parties disagree, the judge will make that determination.

Q: The father and I broke up a days ago . he won't allow me to take her. what are my rights

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Answered on Mar 16, 2019
Ellen Cronin Badeaux's answer
Mothers and fathers have the same custodial rights. If he won't let you have your child, then hire a custody lawyer.

Q: Who do you notify if your spouse marry someone else while still legally married to you?

1 Answer | Asked in Family Law for Louisiana on
Answered on Mar 16, 2019
Ellen Cronin Badeaux's answer
Notify the following:

1) the Sheriff's Office,

2) hire a divorce attorney,

3) the 2d wife.

Q: Which parent will receive disability benefits for the minor children?

1 Answer | Asked in Civil Rights, Social Security, Divorce and Family Law for Louisiana on
Answered on Mar 16, 2019
Ellen Cronin Badeaux's answer
The custodial parent receives the children's benefits as long as a copy of the Custody Judgment has been sent to the agency.

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