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Louisiana Family Law Questions & Answers
1 Answer | Asked in Family Law for Louisiana on
Q: Hello, i would like to know how and if i can obtain power of attorney for my son who is incarcerated. Its for medical re
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

You can if your son signs the paperwork giving you power of attorney. If your son refuses to do so and you believe your should have some sort of equivalent of a power of attorney over him, then you should consult with an attorney in your area who handles interdictions to see whether or not that... View More

1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Domestic Violence for Louisiana on
Q: How can I get a lawyer to takea case pro bono? Legal Services where I live says they don't have the resources

Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 3, 2023

I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... View More

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... View 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... View More

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... View 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... View 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...
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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...
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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... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What rights do I have as a father for guardianship with my son I went to jail I signed him over myself no right taken.

I got out in December moved to Tampa for work have kept in. Contact and flew in from Florida twice to spend the weekend with him and have held a steady job running heavy equipment until last month I returned home to go to work in a chemical plant I’ve completed my parole perfectly I have a home... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 16, 2023

A lot depends on what exactly you signed (and/or gave up). I recommend taking a copy of the paperwork you signed to a child custody or family lawyer so you can have a more specific conversation as to the best way for you to achieve what you desire. Good luck.

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: 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 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 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 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 Child Custody and Family Law for Louisiana on
Q: Is a petition for temporary custody a temporary custody or a mandate for temporary custody without dates specified?

Me & the father both signed this petition to his mom. We are trying to figure out what kind of custody she has if it was only a petition for temporary custody. Done by a notary republic. Monroe Louisiana

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

Without seeing the document in which you are referring, we are only guessing what it is and what's been done. I would contact a custody or family law attorney in your area and bring the paperwork to the attorney you see and discuss your options. Plus if you go to Court, you really should... View More

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... View 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.

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