Louisiana Family Law Questions & Answers
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.
Yes until her 18th birthday you are required to pay child support.
Q: I am a grandmother ,I like in lousiana. Do I have rights to visitation?
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.
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?
The judgment needs to be reviewed by a custody lawyer and more details obtained to answer your two questions posted.
Q: How does grandparent rights work in Louisiana?
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 »
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.
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 »
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 »
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.
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 »
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.
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 »
You need a consultation with a custody lawyer. Your question is hard to follow for lack of punctuation.
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.
If it is false information, yes you can take action. If it is accurate, no you can't.
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 »
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.
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 »
Your arrears need to be paid before license will be reinstated. Then garnishment will only be for ongoing.
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 »
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 »
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 »
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.
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
Your only recourse is justice of the peace course or suck it up and buy new uniforms.
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
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.
Q: Is there a legal age for a child to be home alone and in the care of a younger sibling?
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.
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?
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.
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.
Can't understand your question. Call a successions attorney.
Q: Who do I contact if drug test were falsified in our custody case where they are biased?
Your lawyer should file to exclude the report if there's actual proof that it was falsified.
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 »
Hire a custody lawyer in the parish in which your case is being heard.
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.
