Lawyers, Answer Questions  & Get Points Log In
Louisiana Family Law Questions & Answers
1 Answer | Asked in Family Law for Louisiana on
Q: My father passed and my stepmom neglected to tell me and my other sister for weeks. He didn’t have a will

My stepmom has never liked me and my older sister. We’re both over 18. My dad passed on December 1st of 2022. We didn’t find out about it until December 14th from a distant friend of the family. She never told us. We found out later from our two little sisters that still lived in the house that... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 27, 2023

Yes, you should contact an attorney immediately who handles successions law to discuss your options. You can ask for a protective order to protect your interest in his estate.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Am I required by the courts in Louisiana w/notice of deposition of opposing party, and not have any legal consequences.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

Your post is missing something which does not allow one to attempt to answer your question.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: in louisiana is a notice of deposition a requirement by the courts to go and answer to the other parties attorney.

I do not want to answer to them, and my attorney is not deposing them, and telling me to go to this deposition. It feels to me I'm bringing the bullets to the gun owner. .. It is a custody case with many twist .

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 19, 2023

If you were not subpoenaed to appear, then you cannot be punished for refusing to appear, assuming you are not a party to the lawsuit. You mention that your attorney is telling you to go, which makes me think you are a party, however. If that's the case and you fail to appear, then the... Read more »

1 Answer | Asked in Family Law for Louisiana on
Q: How does my child change their name in the state of Louisiana?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2023

A petition for name change needs to be filed. If your child is over 18 then he is the party to file it. If your child is under the age of 18, I believe both parents need to have notice of the lawsuit and/or be a party of the lawsuit. Some parish Clerk of Courts have forms for this, but if your... Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: If opposing party subpoenaed documents from the police department are they required to share those documents with me
Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 27, 2022

If you ask for a copy of them in discovery, then yes.

1 Answer | Asked in Family Law and Divorce for Louisiana on
Q: In Louisiana do you have to be living in separate houses before you can file for divorce?

Divorce reason is irreconcilable differences uncontested. Children are over 18

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

No---because there may be issues/incidental matters involving the breakup of the marriage you do not have to live separate and apart before filing divorce, however, the time period required for living separate and apart for an uncontested divorce (180 days of living separate and apart if all... Read more »

1 Answer | Asked in Family Law, Child Support and Child Custody for Louisiana on
Q: Is it hard to prove that you child’s father has a business (second income) if he don’t file taxes for that business?

He have business cards and a Quickbook account he gives customers receipt from. I have a copy of the business receipt that was given to a customer for him replacing his AC unit.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Dec 1, 2022

Any credible evidence can be used to prove income. It's important, however, to make sure that the evidence you have is admissible under the Louisiana Rules of Evidence. You should consult with an attorney familiar with custody and child support cases to make sure you have what you need.

1 Answer | Asked in Family Law, Estate Planning and Probate for Louisiana on
Q: my mother passed away an she has two brothers and my grandmother passed away would we get our mothers share of the Will
Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 28, 2022

If your mother had a will, then it largely depends on the wording in your mother's will as to what she says would happen to your mother's portion should your mother (or any child) pre-decease her. I recommend taking a copy of the will to a probate/succession attorney in your area and... Read more »

1 Answer | Asked in Family Law for Louisiana on
Q: How do I start a succession?

My brother died and owned a house. It has been vacant for a while now and I don't know if it has been foreclosed or anything. I just don't know where to start

Claire Edwards
Claire Edwards
answered on Nov 11, 2022

Start with an attorney who focuses on "successions." You'll need to know whether your brother died with a will or without a will. You'll also need to talk with your brother's children and find out what's going on with them.

You can check the clerk of court in...
Read more »

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: I am from Louisiana. If I buy a house and leave my spouse off the mortgage and title..would my spouse get half of it?

In a divorce?

Claire Edwards
Claire Edwards
answered on Nov 11, 2022

You need to talk in depth with your realtor, your mortgage broker, and your title attorney. They are fully capable of getting you the outcome you desire. A family law attorney can help illustrate the possible outcomes.

As a short-and-dirty answer to this question: "I'm married...
Read more »

1 Answer | Asked in Family Law for Louisiana on
Q: How would my husband and I take over a conservatorship of his mother with early dementia who is being neglected?

Her daughter has become addicted to drugs and is not caring for her. She did not inform him of the conservatorship when she did it. Now we have to make medical decisions and can not.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 20, 2022

In Louisiana, a conservatorship is called an interdiction. When an interdiction is granted, the court appoints a curator (or curatrix if female) and an undercurator. Usually, the undercurator would file something informing the court that the curator is no longer capable of serving; however, any... Read more »

1 Answer | Asked in Family Law for Louisiana on
Q: Can my dad stop me if I move out? Do I have to let him know I’m moving out? Does he have to know where I’m going to be?

I am 18 and my dad is very controling and minpulative I want to move out I have a job and a place to go

Mr. James Zitzmann
Mr. James Zitzmann
answered on Oct 19, 2022

No, you're fine.

1 Answer | Asked in Family Law for Louisiana on
Q: Does my ex have access to the house even though it was awarded to me under the divorce agreement
Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 11, 2022

It depends on what the divorce agreement states. If you were awarded exclusive use then your ex should not have access unless you give it to him.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Louisiana on
Q: I lived temporarily in New Orleans for 4 months with my minor child and her home state is NY, can I get case transferee?

I was served by her father who is a New Orleans domicile seeking joint custody and to establish paternity also he is not on the birth certificate. I moved my daughter her temporarily (4 months) and her home state is in New York (10 months). Can I have the case transferred or dismissed even though... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 10, 2022

You really need to speak with a Louisiana attorney who handles custody matters. There's a lot of additional information the lawyer would need to know to answer the question, such as where the child was born and when the petition was filed.

1 Answer | Asked in Family Law, Estate Planning and Probate for Louisiana on
Q: I'm in the state of Louisiana. How is estates settled after death with no will.

Husband had 3 children prior to marriage wife had 1 child prior to marriage. No children together. Husband passed first with no will. Wife passed no will.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 3, 2022

I am sorry for your loss. A succession will have to be open to pass the decedent's estate onto his heirs----in this instance, since there is no will, who receives the estate is based on Louisiana law. Further, depending on the solvency of an estate, sometimes it may be advised to hold off on... Read more »

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.