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Louisiana Family Law Questions & Answers

1 Answer | Asked in Child Support and Family Law for Louisiana on

Q: My daughter(17) graduated May.Am I to keep paying support when she finished high school?

She will be 18 on 7/24 & attending college in the fall..Me and her mother never married or went to court..We had a verbal agreement for 5 yrs.

Ellen Cronin Badeaux answered on Jun 26, 2019

Yes until her 18th birthday you are required to pay child support.

2 Answers | Asked in Family Law for Louisiana on

Q: I am a grandmother ,I like in lousiana. Do I have rights to visitation?

Douglas Lee Bryan answered on Jun 24, 2019

Generally, in Louisiana, a grandparent doesn't have automatic rights to visitation with his/her grandchild. There are some exceptions to the rule. You should speak with an attorney who handles custody matters to determine if your situation would give you the right to ask for visitation.

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1 Answer | Asked in Family Law for Louisiana on

Q: I was granted visitation of my granddaughter because my daughter was in jail but is now out and the father not allowing

her to come can we hold him in contempt of court?

Ellen Cronin Badeaux answered on Jun 23, 2019

The judgment needs to be reviewed by a custody lawyer and more details obtained to answer your two questions posted.

1 Answer | Asked in Family Law for Louisiana on

Q: How does grandparent rights work in Louisiana?

Ellen Cronin Badeaux answered on Jun 23, 2019

Your question is too general to answer. Parents have the right to deny a grandparent visitation except in case of neglect, divorce, separation, death, incarceration, hospitalization of one parent. If the parents are still together and both want to deny the grandparent visitation, they can.... Read more »

1 Answer | Asked in Family Law for Louisiana on

Q: If the father has a distict court order for 3 kids and one is turning 18 and graduating next year, what happens to that?

Will the order be voided since he will no longer be paying for 3, only 2? He is ordered to pay $1000 for 3. He is living with her and they havent vacated the order because they want to use it as an active order in my case against the father. We have 1 child together.

Ellen Cronin Badeaux answered on Jun 22, 2019

Order remains unchanged unless he files a Motion to Reduce. It doesn't go down or stop until he does or until the last of 3 kids turns 18 or graduates from high school. If he is living with recipient, hire a private detective to document that or subpoena someone with first hand knowledge that... Read more »

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Legal Malpractice for Louisiana on

Q: I had a mild heart attack brought on by a proposed eviction supported the succession attorney hired by sister. recourse?

Sisters atty encouraged her to propose my eviction in order to sell my late mothers home. My understanding is that I am equal share holder in ownership & cannot be evicted. Also I’m disabled - stroke 4yrs ago. I’ve lived with my mom for 18yrs. When I received this proposed eviction, my blood... Read more »

Edward X. Clinton, Jr answered on Jun 21, 2019

I am sorry you had a heart attack, but the heart attack was not caused by the eviction or the attorney so, no, you can't sue them.

1 Answer | Asked in Family Law for Louisiana on

Q: How do I get a restraining order against my Dad!!! He's a control freak and stalks me!!! He just shows up at my house

All of my life he tried to control and make every decision for me!!! He's emotionally abusive!! He's also very controlling over my relationships!! I started dating a great guy from a single facebook group from my church!!! He had it set in his mind that no matter what, he won't like him and he'll... Read more »

Ellen Cronin Badeaux answered on Jun 21, 2019

Document your father's harassment by taking pictures of him showing up and sending you aggressive emails. Then hire an attorney to file a restraining order.

1 Answer | Asked in Child Custody and Family Law for Louisiana on

Q: Contempt of court. My Custody agreement is summer week off and on school days every other weekend. It has been a month

(1)my husband told her to get off the phone she started her mom told her she didn't have to get off the phone (2)she had an event and the mom had the child to call The day before the event the agreement states the mom is to give 2 week notice.(3)allowed the daughter to go to the dance teacher house... Read more »

Ellen Cronin Badeaux answered on Jun 19, 2019

You need a consultation with a custody lawyer. Your question is hard to follow for lack of punctuation.

1 Answer | Asked in Child Support, Family Law and Internet Law for Louisiana on

Q: My ex is posting my child support payment and arrears amount on her social media, is there any action I can take?

My full name is included on the screen shot that she is posting online.

Ellen Cronin Badeaux answered on Jun 17, 2019

If it is false information, yes you can take action. If it is accurate, no you can't.

2 Answers | Asked in Family Law for Louisiana on

Q: Can a married person kidnap their own children in louisiana; there is no custody agreement or talks of divorce?

I would like to take my children on vacation for the summer out of state, my husband is controlling and does not want me to go; so he is threatening to call the police if I take the children. We are married and as we are "very religious" we have not considered divorce (and probably will never... Read more »

Douglas Lee Bryan answered on Jun 17, 2019

One cannot kidnap his or her own children. If there is no custody judgment, both of you have equal rights to custody of the children. Enjoy your vacation.

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1 Answer | Asked in Family Law and Child Support for Louisiana on

Q: What are the requirements to lift a driver's license suspension due to back child support?

I began a new job 4 months ago and child support payments have been taken out of my check for 3 of those months now. Before my new job, I was unemployed and not paying child support which resulted in a DL suspension. Now that I am paying support again will my driver's license suspension be... Read more »

Ellen Cronin Badeaux answered on Jun 13, 2019

Your arrears need to be paid before license will be reinstated. Then garnishment will only be for ongoing.

1 Answer | Asked in Divorce and Family Law for Louisiana on

Q: What outcome should I expect from my divorce?

My wife and I were married just over a year ago. At the time we were married, she was a recently divorced mother of 3 children from her previous marriage, and we have no children of our own, nor any "community property" to speak of. After getting married, I moved into her house, which is completely... Read more »

Ellen Cronin Badeaux answered on Jun 12, 2019

Her attorney can still seek spousal support. By the way, you can file for divorce at the beginning of the separation, instead of at the end of the 180 days, to prevent her from getting you in any debt. You should at the least consult with an attorney. Additionally, if you screw up a... Read more »

2 Answers | Asked in Family Law for Louisiana on

Q: If I am divorced, and looking to move in with my new boyfriend, can my two kids (age:14&8) be taken away from me?

Wanting to move in with my Boyfriend who is great to me and my kids. We have been dating a year now. My kids may get mad at me for moving them away from there friends and I am scared they are going to say they want to move in with the grandparents or the father. I have sole custody and they may not... Read more »

Ellen Cronin Badeaux answered on Jun 12, 2019

Consult with a custody lawyer because the distance depends on:1) how far you are moving, 2) whether there is a judgment prohibiting overnight guests, 3) whether the boy friend has a record.

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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Louisiana on

Q: If I left my belongings at my ex girlfriend's house...and now she wont give it back...what can I do to get my things?

She says she dont have them and that I took them with me...but I didnt...the clothes are my companies not mine...the rest she can have

Ellen Cronin Badeaux answered on Jun 8, 2019

Your only recourse is justice of the peace course or suck it up and buy new uniforms.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on

Q: How can I go about getting my arrears down , and my daughter turned 18 in nov of 2018 , got a letter in the mail saying.

She’s in school for another year and I still have to pay, even though she got held back and it’s not my fault what should I do

Ellen Cronin Badeaux answered on Jun 7, 2019

1) you have to pay until she graduates from high school or turns 18, whichever comes last. But in no event past age 19.

2) only way to get arrears down is to pay them. Arrears are not even dischargeable in bankruptcy.

2 Answers | Asked in Child Custody, Family Law and Juvenile Law for Louisiana on

Q: Is there a legal age for a child to be home alone and in the care of a younger sibling?

Douglas Lee Bryan answered on Jun 7, 2019

It really depends on the maturity of the child (and the sibling) and any special needs of the sibling. Usually 12-14 has been acceptable in past situations, depending on the circumstances.

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2 Answers | Asked in Family Law and Child Custody for Louisiana on

Q: Mom gets TPR but Dad finishes case plan and gets kids back from foster care. How much contact with Mom is permitted?

Scenario.. If Dad can stay clean but mom can't, he works to get kids back for him and mom. Once the court give custody back to dad, he lets mom move in and they are back to where they started before dcfs was called. Is it illegal for the mom to move back in after her tpr?

Ellen Cronin Badeaux answered on Jun 6, 2019

If CPS finds ou ur Mom is back in the house, Dad's rights will be terminated. He needs to choose: kids or Mom...he can't have both.

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1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Appeals / Appellate Law for Louisiana on

Q: What crime has been committed if do a power of attorney that was misleading done and use that poa to further your gains.

You use this poa to defraud the probate court.

Ellen Cronin Badeaux answered on Jun 4, 2019

Can't understand your question. Call a successions attorney.

2 Answers | Asked in Child Custody and Family Law for Louisiana on

Q: Who do I contact if drug test were falsified in our custody case where they are biased?

Douglas Lee Bryan answered on Jun 3, 2019

Your lawyer should file to exclude the report if there's actual proof that it was falsified.

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2 Answers | Asked in Child Custody and Family Law for Louisiana on

Q: If a temp exparte order is null and void under 3945 at first hearing for custody modification, can it remain in effect?

Childrens father improperly retained our 3 children at the end of summer break 2018. at which time, i was served with a rule to show cause, and rule to modify custody, and an ORDER granting the father temporary custody until the hearing set for 09 13 2018. A request for a hair follicle screen for... Read more »

Ellen Cronin Badeaux answered on Jun 2, 2019

Hire a custody lawyer in the parish in which your case is being heard.

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