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Louisiana Family Law Questions & Answers
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.

1 Answer | Asked in Family Law for Louisiana on
Q: Can my son’s mother outright deny me of taking my son to another state for a few days with no court order ?

My son’s mother is basically denying my right to take my 1 month old son out to houston for a couple days to spend time with him where i reside. I infact, do have everything needed to take care of him, food, shelter, clothing.. I’ve made open communication with her multiple times letting her... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 8, 2022

As you can tell from your situation, it is best that you immediately contact a family or child custody lawyer to get some parameters and details in play so that you do not have this issue in the future. Good luck.

1 Answer | Asked in Family Law, Personal Injury, Domestic Violence and Small Claims for Louisiana on
Q: so the child has to turn 18 to sue?
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 31, 2022

If the child is not 18, then the child's tutor can sue on behalf of the child. Usually the tutor is the parent of the child, but if there is no parent, then the guardian, however one might have to legally qualify ask obtain the right from the Court to sue on behalf of the child---it's... Read more »

1 Answer | Asked in Family Law for Louisiana on
Q: Can I fight my aunt for visitation rights for my two sister that has been adopted by my aunt?

One is 16 one is 12. They are both girls. The oldest is biologically my sister, but i have also grown a sisterly bond with the youngest and they both want to see me but my aunt will not allow them to come.

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 31, 2022

There are some questions which arise from your post, but I think all roads lead to your hiring an attorney to ask the Court for visitation. Thus, I highly recommend that you consult with a family law attorney to discuss the specifics of your matter and how to best proceed going forward. Good luck.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can I get the judge to void his ex parte order based on info I have jurisdiction was relinquished

I have court at 9 am for rule to show cause. My ex filed for emergency ex parte order and was granted it. The judge who granted it relinquished jurisdiction of any further proceeding to another parish it is stated in judgment we was given in December so how can he grant her the exparte order she... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 18, 2022

You need a custody lawyer to file an Exception.

1 Answer | Asked in Family Law for Louisiana on
Q: Had our daughter in September 2021, obtained sole legal and physical custody in October 2021.

Her father and I tried again for the last three months to make it work. Now have a DV case open where she was around. DA’s office called to ask what I wanted to do. I said I didn’t want to pursue it. Ultimately I know it’s up to the DA’s office to decide if they move forward. If they do, do... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 16, 2022

Until the State makes a decision, you need to STAY AWAY FROM THE FATHER.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What can I do the judge who relinquished jurisdiction to another parish signed approved an ex parte order filed by ex

In December the judge stated on the court judgment he ordered that since my ex and I no longer live in that parish that he relinquished jurisdiction to the parish of which we both now live. Yet my ex filed for an ex parte custody order and he signed it. When I called the court house and spoke to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 16, 2022

Sounds like something was lost in translation at the courthouse. Your lawyer needs to file an Exception.

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Is it hard and expensive to change a baby’s full name after 9 months?

We are working on getting guardianship/ full custody of my nephew and would like to change his name but not sure how long it takes or how much it is.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 16, 2022

You can't change his name unless you adopt and terminate the parents' rights.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Louisiana on
Q: How can cps take your child out of your custody if you signed your rights over to a friend months ago?

I signed over custody of my baby girl to my friend for a year. Somehow she ended up with a broken leg at 3 months old. who I thought was a friend lied about taking my baby to the hospitol I have all text to prove it so how did they areest me for cruelty to a juvenile and now I have cps taking me... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 11, 2022

Hire an juvenile Court attorney to use your one year Custody by Mandate as your defense.

2 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Louisiana on
Q: How do I go by obtaining legal guardianship of my 8 month old nephew who has been living with me since he was 2 weeks?

My nephews mom wanted an abortion but was unable to get one because she had just gotten one so she asked my husband and I to take the baby. We did and now we would like to get guardianship of the baby because mom is now refusing to babysit the child or help. She receives benefits and childcare for... Read more »

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

You need to contact a lawyer in your area to discuss your options and get the ball rolling. You should not do this yourself. In speaking to the attorney(s) you consult, you ask what are your options as well as what is your understanding as to the position each parent takes as to custody and/or... Read more »

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1 Answer | Asked in Family Law for Louisiana on
Q: Would a lawyer be needed to file abandonment against an inactive father in the state of Louisiana.

My child is going on 9 and barely knows his own dad. He is court ordered to pay child support but does not pay it. He has a criminal background and has attempted to go after my son already over a nerf gun that my son pointed at him. I left the residents. My son says he wants nothing to do with his... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 9, 2022

You do not need a lawyer, however it is advisable to have, at a minimum, a consult with a lawyer(s to discuss your situation and whether or not you should attempt this with or without a lawyer. Use the Justia Find a Lawyer tab and search for family law or parental right lawyers in your area. Good... Read more »

2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Louisiana on
Q: My question is about speedy trial.

My significant other and I were arrested on August 8, 2020, for a supposed warrant for felony cruelty to a juvenile. We were both incarcerated for the next seven days until my boss, at the time, bailed us out. We are still both puzzled as to how and why this occurred, in the first place. We were... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 7, 2022

Your attorney can file a speedy trial motion.

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