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Louisiana Family Law Questions & Answers
1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: Hi, me and boy friend at the time buying a house, we got married in 2013, separated in 2019, that's when he abandon me

and this bills he left me with mortgage and all.

Got divorce in 2021 because he was cheating and I bust him, so I filed for divorce. I asks him for help me with mortgage, I got hurt at work and barley paying bills. Can I get his name of house if his not helping. I'm not going to pay... View More

Anthony M. Avery
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answered on Nov 7, 2023

Just because he is not paying on the house note does not remove him from ownership. What did the Divorce Decree say about the house and the mortgage? Outside of enforcing the decree, foreclosure may be be imminent as a refinance is doubtful. A Ch13 BR might help.

1 Answer | Asked in Family Law for Louisiana on
Q: If I've been on my parents phone plan and i turn 18 and decide to move out is my phone legally mine or theirs?

The phone has been paid off a while now, they have been paying the bill. They have taken me off the plan now after moving out and just recently came and got the phone from me.

John Michael Frick
John Michael Frick
answered on Sep 27, 2023

If your parents bought the phone and did not give it to you as a gift, your parents own the device.

If you bought the phone or if it was given to you as a gift, you own the device.

1 Answer | Asked in Family Law for Louisiana on
Q: Can a spouse donate the 50% of her community property to other relatives without the signature of the other spouse?

My mother, two years before deceasing, made an act of donation of a rental property belonging to her and my father to my niece without my father signature as required by Art 2353. My father deceased in 2019, today this property is in his name and my niece's name. Is this act of donation valid?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 22, 2023

If your spouse was the actual owner in the public record, then she can donate her portion. You should review the trasnfer document to make sure it was property prepared and executed. Also, it should be noted that donation, if proper, would be donated subject to any and all encumbrances which... View More

1 Answer | Asked in Collections and Family Law for Louisiana on
Q: me and my are married my wife purchased a vehicle just in her name if its repoed who is responible?
T. Augustus Claus
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answered on Aug 17, 2023

In Louisiana, if your wife purchased a vehicle solely in her name and it's repossessed, she would generally be responsible for the associated debt. Louisiana's community property laws might have implications if community funds were used to make payments. If you cosigned or have joint... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Divorce article 103 - Adultery - Louisiana

My wife committed adultery and birthed a child to another man. She never denied the adultery and a DNA test was done and the other man came back as 99.999999% certainty as father. The necessary paperwork regarding the paternity was done and sent to the State. Me and my wife do have a minor child... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 8, 2023

You can---but my suggestion is that you speak to a family law attorney in your area and discuss the pro and cons of filing a 103 divorce via adultery and the potential impacts this will have on incidental matters----there may not be any impacts but at least have a consult about this because you... View More

1 Answer | Asked in Family Law for Louisiana on
Q: A man signed an acknowledgement of paternity in order to help the mother, by allowing the infant to get his SSI

He is now deceased. Can this be revoked since he is not the actual biological father?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Aug 7, 2023

It is possible to do. I have actually been successful in getting this one in a situation where the mother passed away.

1 Answer | Asked in Family Law for Louisiana on
Q: What is the law about termination of parental rights?

Father hasn’t seen baby in over a month (so far), contributed $0 during pregnancy and after birth, and he’s not on the birth certificate. I don’t want child support or anything from him. What are the options for terminating parental rights? Or what criteria have to be met in order to do that?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 2, 2023

An involuntary termination of rights usually require a set of criteria to exist. Because the consequences of termination of rights is so severe, I advise anyone seeking/considering this to set up an appointment/consult with a family/parental lawyer to discuss the specfic situation in order to... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Married to child's mother, mother went to jail. Child is being hidden by grandpa.
T. Augustus Claus
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answered on Jul 25, 2023

If the child's mother has gone to jail and the child is being hidden by the grandfather, it may be a complex situation involving family law and child custody issues in Louisiana.

In such cases, the child's well-being and best interests are paramount. If you are the child's...
View More

1 Answer | Asked in Family Law, Identity Theft, Social Security and Public Benefits for Louisiana on
Q: if someone has a power of attorney over someone else can it be revoked especially if it is without that persons consent

A woman has a mother who may have a power of attorney for her because the mother has taken all of the woman’s property and social security checks and has left the daughter to fend for herself in poverty. First I need to find out if the mother has a power of attorney for her daughter and if she... View More

James L. Arrasmith
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answered on Jul 11, 2023

A power of attorney can be revoked at any time by the principal, even if it was granted without their consent. The principal can revoke the power of attorney by signing a written revocation and delivering it to the agent. If the principal is unable to sign the revocation, they can appoint someone... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My wife and I were divorced 15 years ago, but we never did the property division. She now wants to do that.

When she left, we had a mortgage with very little equity built up in the house. The house is titled in both of our names. Since the divorce I have paid the house off. I have also paid for the insurance, repairs, maintenance, and taxes. I have meticulous records of all I have paid on the house since... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 5, 2023

You need legal counsel to make sure your rights are protected and as such I recommend that you contact some community property lawyers in your area, set up consults and then sit down with them and specifically discuss your situation-----while the basic rule is 1/2 and 1/2, there are also... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: If I sign an intervenor agreement for spouse to purchase a new home, and I still entitled to half of equity?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 12, 2023

It will depend on what you are signing so we would have to see and review the proposed document in order to provide you with specific advice. That said, usually when you sign an intervenor agreement as you describe, it means you are acknowledding that the home is being purchased by your spouse... View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Louisiana on
Q: Q: Filed a petition for custody based upon abuse and to establish child support what I’ll be the first step of this case
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 6, 2023

If you filed the petition and you had an attorney file it on your behalf, then please speak to your attorney and discuss this. If you filed it without an attorney, then please use the Justia Find a lawyer tab and search for family law/cusody/support lawyers in the parish the petition was... View More

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: 14yr.was arrested for felony in La. He was released in his aunts custody.Does he have to stay by her or can he come home

His mom was charged too.Judge said hes not releasing him to mom. I know the aunt doesn't have full custody. But doesn't he have to stay by her at least thru the court process?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 5, 2023

It depends on the conditions of his release. If he was relased from secured custody on the conditio he stay with his aunt then then needs to stay with his aunt.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Can i legally leave my husband and not support him if he is emotionally abusive, doesnt help me financially
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 31, 2023

I am sorry about your situation. In response to your post, more information is needed and I suggest that you contact a famliy law attorney or 2 and consult with them---a general consult--that way yoou can provide specific information and and learn of your rights if you decide to leave your husband... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How do you get a divorce with property involved
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 16, 2023

Divorce and property (marital/community) are two different things. You can get divorce without resolving your property issues at the same time. Since oyu have property, I would recommend that you contact a family/divorce attorney and have a consult---or contact a few attorneys and have a few... View More

1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Q: I supposedly inherited 1.7 million from a distant relative. It's in the UK and there is a lot to go thru. I need to know

Scam or worth hiring an attorney

Douglas Lee Bryan
Douglas Lee Bryan
answered on May 10, 2023

Save your money friend. It's likely a scam, especially if you were contacted via email. Ask yourself why a distant relative would leave so much money to someone he/she hasn't met, and how they managed to find your email address.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Is there a lawyer that will type up the documents for a divorce if we agree on everything so I can submit them?
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 5, 2023

I am unclear as to exactly what you are seeking however because there are potential incidental matters to a divorce, which could include, child custody, child support, spousal support (permanent and temporary), & community property to name a few, I would highly recommend that you contact a... View More

1 Answer | Asked in Family Law for Louisiana on
Q: Can an alleged crime "outside of statute of limitations" be submitted as evidence for an order of protection? Louisiana
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 6, 2023

Possibly---but more information is needed. Also, I would recommend that the accused consult with a lawyer prior to any hearing as it will assist the accused in preparation for the hearing. Or even better than a consult with a lawyer is to hire a lawyer.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Do i need to attend personally to a court hearing or can my lawyer represent me

if i move overseas

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 5, 2023

If you have a lawyer, then please ask this to your lawyer----your lawyer is in the best position to know and answer your question. There are different ways of obtaining a divorce depending on each person's situation and some of them would require you to be present in court; others do not.... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: What portion of out of pocket medical expense is non custodial parent responsible for?

I am custodial with joint custody of our 16 year old daughter. Always been a stay at home mom. Remarried for 11 years. Ex husband CHOSE first four days of each month visitation only. He exercised this 3 x in 12 mons. Makes over $60,000 a year and pays $500 per month court ordered support. He has... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 22, 2023

You need to review the order/judgment signed by the presiding Judge and see if it answers the questions you are asking. If it says that he is responsible for some of these costs, then yes, he is responsible. If the wording is vague then you should consult with a family law attorney in your... View More

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