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Louisiana Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: My ex-husband and I have joint custody of our 16 year old son. He built a house an hour and 5 minutes away and wants son

To commute. This puts him on the road at 6 AM (he got his license in June so still not experienced driver)to get to school on time. He plays football and gets out of practice most days in between 6:30-7:00. I try to get along and work with him but this seems very unfair. He’s not discussed any of... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 22, 2022

Does the judgment/order say address this? If it does, then is he in violation? If it does not, then did you have an attorney representing you in connection with the judgment/order-----if so, please contact said attorney and discuss----if not, or if you prefer not to reach out to said attorney,... Read more »

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Upon retiring and no longer having an income am I required to file in court to stop spousal support?

Louisiana Civil Code 112 states...The sum awarded under this Article shall not exceed one-third of the obligor's net income. If I no longer have an income because of retirement and my Ex is aware there is no longer an income, am I required to file in court to stop spousal support or can we... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 12, 2022

Inferring from your post, I assume you are talking about permanent spousal support? Regardless of whether it's permanent or temporary, I suspect that there is an Order in placing which details this obligation. That said, I highly recommend that you consult with a family law attorney to... Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: It's been 9years since my child seen his dad and he isn't on the birth certificate can he force me to allow visits?

.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 12, 2022

If he takes you to Court and the Court ordered the visitation, then yes. That said, is there already an Order in place for visitation which he has not followed for years? My advice is that you consult with a child custody attorney now and discuss your options, including whether to be proactive... Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can you bring evidence to prove something that the judge already decided on?

I was given custody of my child due to her grades and poor hygiene. Her other parent is taking me back to court and is bringing evidence for things that happened before the first court date.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 1, 2022

If a Judge will entertain the legal document filed and have a hearing, then yes, however, if you do not already have one. then you need to retain a custody/support lawyer to assist and represent you in this matter. Good luck.

1 Answer | Asked in Family Law for Louisiana on
Q: How can i retract a portion of a stipulated judgement order that i did not understand at the time of signing. Family cou

We agreed to swap custody so my son could go to a great school.His lawyer just read it to me,my lawyer was not present.I was not given the doc to read myself bf signing. They spoke a lot to me between reading it.I did not hear her say that his father would claim every tax year.i would like to... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 29, 2022

You indicate that you have a lawyer in this matter---speak to your lawyer as to your concerns. Good luck.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: If my kids mother filed for child support we have a court date in October can they just put it on paper for us

Like if we come up with a agreement before court can the courts just put our agreement in motion

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 22, 2022

Yes, if both sides reach an agreement and reduce it to write, then you may submit it to the Court for approval. Depending on the agreement and how the written document is prepared, the Court may still want you to appear in Court to confirm that each side is in agreement.

1 Answer | Asked in Family Law for Louisiana on
Q: Is it legal to forge your spouses name to take money from 401 k ?

Also, Would the amount have anything to do with the legalities?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 18, 2022

Forge spouses name without the permission of the spouse? No.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: How do I know if my ex husband still has parental rights to our son?

My ex-husband has been incarcerated for 8 years and hasn’t helped raise or financially support our child. Does he still have parental rights? Can I ask him to give up his rights?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 10, 2022

You really should set up an appointment and speak to a child custody or family law attorney about this process and the pros and cons of terminating his rights. In answer to your questions, you ex still have parental rights unless they have been judicially terminated----if he seeks to exercise any... Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What can we do about a biomom who constantly takes the other parent's time?

My husband is the domiciliary parent. Kids go with biomom every other weekend during school and every other week over the summer. Last time we went to court was in 2018. Last judgement was that biomom was still under supervised visitation, however, our attorney at the time advised us to let them... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 5, 2022

If the biomom is not abiding by the judgment in place then take her back to Court ask that she be found in contempt. That said, depending on all of the circumstances, biomom might also seek modification of the current judgment. I would contact a custody lawyer in your area and/or the attorney who... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Louisiana on
Q: Ok my fiancee's parents died in a car wreck 2 yrs ago she just finished to get rn license in Florida and I'm in Louisian

I was contacted by lawyer saying he needed a Sworn Affidavit of Oath of Kinship proceeded saying something about Georgia which I'm assuming that's where he is and needed 400 and something dollars. I said I needed some legal documentation and his response was

Sir any... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 4, 2022

Sounds like a scam to me, and or you are not entitled to anything. Or this is one of the services which supposedly finds unclaimed money and seeks to locate the rightful recipient of the money for a finder's fee---that said, they usually do not require money up front-----if you believe there... Read more »

1 Answer | Asked in Family Law for Louisiana on
Q: Can one of the parents change cities as long as it’s within 75 - 150 miles from the other parent? School pickup + dropof

School pickups and dropoffs are a part of the arrangement. And it will hinder the ability to keep the same type of arrangement.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 25, 2022

Do you have an order or judgment discussing this---if so, what does it say? If you had an attorney involved when the paperwork was done, then please contact your attorney and discuss. If you did not have an attorney, then please consult with a custody /family attorney about this. Good luck.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: If my name is the only one on the BC and no child support , don’t I have full custody? Cops say ex isn’t kidnapping…

My daughters father decided not to bring her back after she spent the weekend with them. I have raised her all by myself for almost 7 years no. Not a singly penny form him. He didn’t even meet her until she was almost 5! This is his 3rd time spending time with her and he refuses to bring her... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 13, 2022

You need to immediately contact, consult and then hopefully hire a child custody lawyer in your area. Discuss the specifics of your matter with the potential lawyer and come up with a game plan going forward. Good luck.

1 Answer | Asked in Tax Law, Estate Planning and Family Law for Louisiana on
Q: What is the rules of tax purchase on property. He has paid taxes since 2005 . Prperty owner has died no kids or wife..
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 12, 2022

Depends----did you purchase the tax title or did you pay the taxes but in the owner's name? There's a big difference here. Anyway, I would contact a local attorney in your area and to discuss your options.

1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: Mom in need of free or low cost legal help pertaining to unsettled matters long after divorce was finalized.

Asking for a friend. Divorced mom is unable to claim her children on her taxes or receive any type of child tax credit, although the children reside with her full time. The children’s dad has shown very little interest in the lives of his children since the divorce. He also refuses to settle any... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 6, 2022

Call/contact the local and state bar association and see if they have contact information for lawyers in your area with whom she might be able to consult on a pro bono basis, or if they can provide the number for legal aid. At this point in time, it sounds like there are already judgments in place... Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: If I do not have an attorney, how do I respond to an ex Parte motion?

There are untruths in the ex Parte

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 27, 2022

While you may not have an attorney, you can and should certainly try to hire one to assist you with responding and representing you. In the meantime, additional information is needed to respond to your post as there are multiple ex-parte motions which have different ways/requirements for... Read more »

1 Answer | Asked in Family Law for Louisiana on
Q: I would like to take the pro se route to remove a curator over my son ( suffered a severe TBI). I’m the under curator

His father was appointed curator and I was made the under curator because I’m a out of state resident. He is blocking me from seeing my son or getting medical updates on his condition. I hv been by my sins side since the accident that occurred in September of 2021. When I tried to visit after I... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 21, 2022

Although you indicated you want to go the pro se route, since you posted, I will first reply to suggest that you consult with a lawyer to discuss the pros and cons of going the pro se route in this matter, as well as so the consulting attorney can review the legal pleadings. Furthermore, if the... Read more »

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: My dad is paying back payments. I’m 21 now,my mom has the card with my name on it. Is it possible for me to get the $

Mom lives in LA I Been living in Texas by myself since I was 13. She refuses to give me the back child support she is finally getting. How would I be able to get the card & is that even possible for me to get the money directly to me. Or does she have to be the one getting it? I wasn’t sure... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 20, 2022

You can and should consult with a lawyer who is in the jurisdiction where the Order was issued/signed to see what, if any, options are available to you, however it is most likely not going to provide you the answer you seek----still, you should get the consult to see if there is any way you can... Read more »

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Louisiana on
Q: My family is needing a succession to clear up some property in Louisiana. It is 9 involved. What's the process
James Scott Ruel
James Scott Ruel
answered on Jun 17, 2022

Generally a petition for possession is filed with the clerk of court where the decedent lived at the time of death. Sometimes and administration is required where someone is appointed to handle the business of the estate. Once the heirs are identified and the assets of the estate are identified,... Read more »

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1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What does lsa ccp 3943 mean?

Sole Custody was change pending trial. No parties testified or cross examined.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 13, 2022

LA CCPr article 3943 involves the time period in which you have to appeal a custody, support or visitation judgment.

More specific information is needed to properly respond to this and if you do not already have an attorney, then I would recommend that you immediately contact a few...
Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What do I do in family custody court if the other party bring up my charge of child endangerment but I wasn't convicted
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 10, 2022

What is recommended is that before you go to Court you hire a family/child custody lawyer to represent you and help you put on your case. Good luck.

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