Lawyers, Answer Questions  & Get Points Log In

Louisiana Family Law Questions & Answers

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

Q: Ex filed for tutorship for which I was never served and fled with my son to Mexico. What can I do?

She had her lawyer file stating they could not locate me, however my address is updated with the courts and we have been to court for the last 17 years 4 times this year alone. I was never served for the tutorship. We have an ongoing child support case. She took my son to Mexico in June and... Read more »

Ellen Cronin Badeaux answered on Sep 16, 2019

You now have a Hague Convention custody case and need a custody/child support lawyer who can take a Hague case.

1 Answer | Asked in Small Claims, Divorce, Family Law and Domestic Violence for Louisiana on

Q: Breech of protection order by sale of personal effects / community property. What can be done about this issue?

I had a protection order placed on me. During the po and divorce time frame my now ex-wife sold my tools, tool box, air compressor, golf cart, boat and my father's boat. All these items value is close to 12000 US Dollars. Can I press charges on her since I could not while she had po in place? What... Read more »

Ellen Cronin Badeaux answered on Sep 13, 2019

Protective Order on you did not prohibit her from selling your property. But a TRO against alienation against her in divorce would have. Call your divorce lawyer to file contempt.

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

Q: When is custodial parent negligent?

Ex wife has custody. I have supervised visits. No other family or friends available to assist me with visits. Leaves my ex-wife to supervise or be present, and she is not willing. Therefore I have not been able to visit with my children as per judges ruling. Sept 1 she allowed me to visit her home... Read more »

Ellen Cronin Badeaux answered on Sep 13, 2019

You are probably eligible to hire license mental health professional or law enforcement to supervise your visitation. Ask your custody attorney.

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

Q: How do I file for court ordered child support arrears in Louisiana?

My ex husband owes me $1500 a month in child support arrears from September 2017 until February 2019 when I had to give custody to my mom bc I couldn’t take care of him without support.

Ellen Cronin Badeaux answered on Sep 12, 2019

Hire a private attorney or call Support Enforcement at the D.A.'s office.

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

Q: After filing for divorce the ex has moved and I have no address for the papers to be served. What can I do about that??

Ellen Cronin Badeaux answered on Sep 12, 2019

Your attorney can file a Motion to Appoint a Private Process Server

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

Q: My x and I have a custody trial set. She lost the divorce she is af. So before the trial she ran 2 counties over and

Filed a restraining order. The original order has already restrained her until trial.

She is denying me custody. We have a 7/7 joint custody. Nearly everything she listed is on the interrogations from the original trial and my facts stuck and hers were tossed and she lost. Now we have... Read more »

Douglas Lee Bryan answered on Sep 10, 2019

You need to discuss these issues with your custody lawyer. Also, this panel is for Louisiana, not MS.

View More Answers

1 Answer | Asked in Family Law for Louisiana on

Q: Ex changed my visit day 2x and his gf just refused to allow my son to come to his little brothers bday party. Help!

Ellen Cronin Badeaux answered on Sep 9, 2019

If you are being jerked around by your ex, hire a custody attorney to obtain a schedule and if it's ignored, file for contempt.

1 Answer | Asked in Family Law for Louisiana on

Q: My husband has been held his rights to see his daughter because of the mother being jelous of our marriage

Back in 2018 me and my husband had made vows to get married everything was going good there's no contact with the mother only for the rights of the child that my husband would contact through my husband constantly seeing his daughter every weekend before we were married I had witnessed this to... Read more »

Ellen Cronin Badeaux answered on Sep 7, 2019

Your question is difficult to understand because there is no punctuation. But the only court appearance you mention is for child support. He needs to hire a custody lawyer.

1 Answer | Asked in Family Law for Louisiana on

Q: The Mother of my child and I have never been to court to have custody/child support agreement.

We separated when our son was 3 due to her drug use. and he is almost 9. Half of the time he live with me and his step mom and half brother and sister in a nice environment home where he is very happy . The other half he lives with her mother and her mother boyfriend I’m in apartment. I know they... Read more »

Amir Tavakkoli answered on Sep 3, 2019

If you are concerned about their safety then you should file for full custody asap and let the court determine if you have enough evidence. One of the common mistakes people make is seeing issues with the other parent regarding the children and not doing anything about it; then when they do go to... Read more »

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

Q: If I, as a grandparent, have been granted legal custody, can their father have my custody revoked if I don't obey him?

Grandchildren were initially taken into custody by CFS after both parents were arrested on drug charges. I petitioned the court and was granted legal custody. The father is threatening to call and have my custody revoked if I do not bring the children to visit his other child at the father's... Read more »

Amir Tavakkoli answered on Sep 3, 2019

You have to review the court order and see what the terms are. A common misunderstanding people have is the difference between custody, and temporary CPS placement or temporary caregiver. In the former, the terms of the custody order have to be followed. In the latter, CPS determines, in... Read more »

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Louisiana on

Q: What can I do if my DCFS worker and my civil rights violated as a parent and crossing state but not with father.

My Dcfs case required for me to finish substance abuse treatment which I am currently enrolled and attending.

Ellen Cronin Badeaux answered on Sep 2, 2019

Can't decipher your question. When you finish rehab, call a juvenile court attorney.

1 Answer | Asked in Family Law, Elder Law and Health Care Law for Louisiana on

Q: How can I get my mom into a nursing home. I'm not her power if attorney. She is being neglected I have video proof.

Ellen Cronin Badeaux answered on Aug 27, 2019

A family law attorney can file an interdiction on your behalf.

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

Q: How can i get my minor childs settlement from someone that is not his custodial parent

My sons father received a settlement in 2019 he owed child support they took out what was owed to them than sent the rest of the money to the person who THEY had listed as the custodial parent which was my aunt she had him in 2012 to 2013. Child support said he was in the arrears in 2015 i had him... Read more »

Ellen Cronin Badeaux answered on Aug 25, 2019

You need to co sult with support Enforcement....if it isn't too late. You should have do e this as soon as you found out he got a settlement.

1 Answer | Asked in Family Law for Louisiana on

Q: I’m going on my fourth time being assigned a new court date because they haven’t been able to serve the father of

my child. I’m going for a modification. He works for the federal government (on a military base in New Orleans) I live in Baton Rouge. How does this work? Will I been assigned a new court date every 3 months for years to come if they aren’t able to serve him. Im going through support... Read more »

Ellen Cronin Badeaux answered on Aug 25, 2019

A private attorney can get him served. But you chose to use support enforcement.

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

Q: When do arrears get calculated into the amount ordered to the employer to deduct per paycheck? How is it calculated?

There is a monthly amount ordered through the state that is being paid by employer deduction but the arrears amount is just sitting there not being paid. At what point does the state send an adjusted amount to the employer to begin also deducting arrears and how is that additional amount... Read more »

Ellen Cronin Badeaux answered on Aug 22, 2019

You need to remind your case worker to seek the arrears. Sounds like someone forgot or he's not making enough.

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

Q: How can I collect my 30% of her share toward bills? Can I deduct from child support

I pay everything, she hasn’t paid her 30% toward anything. Can I deduct this

Ellen Cronin Badeaux answered on Aug 21, 2019

Yes IF you keep a spreadsheet and once monthly send her a copy. Additionally you have to send her proof of payment of your 70% and her 30% once monthly.

1 Answer | Asked in Adoption, Civil Rights and Family Law for Louisiana on

Q: Can someone please explain la civil code 199 to me

Ellen Cronin Badeaux answered on Aug 20, 2019

It means adopted kid can inherit from both adopted family and bio family.

1 Answer | Asked in Family Law for Louisiana on

Q: I was awarded sole custody from a court in Oklahoma, I reside in Louisiana. Will the have to file in my home state

Will the other party need to file any further actions in my home state. My children have been with me for almost 2 years now.

Ellen Cronin Badeaux answered on Aug 19, 2019

You need to have a custody lawyer in LA file a Petition to recognize your OK judgment.

1 Answer | Asked in Family Law for Louisiana on

Q: Can the father just take my kids and not let me see them just because he signed birth certificate ? what should i do ?

Ellen Cronin Badeaux answered on Aug 19, 2019

You already asked this question and the answer is the same. Hire a custody lawyer to file for custody and their return.

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

Q: My kids father is on the birth certificate , he took my babies three weeks ago. Where do I start to get them back ?

Ellen Cronin Badeaux answered on Aug 19, 2019

Hire a custody lawyer to file for custody and their return.

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.