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Louisiana Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: Is my my ex wife responsible for tutor expenses for homeschool?

I recently went to mediation with my ex wife. From the mediation, she is now responsible for “100% of homeschool expenses” ( how it is written in our mediation agreement) To add to the background information, I have 50% custody of my four kids and I we now share a 7 day custody agreement. I... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 13, 2023

If you had an attorney representing you, then please ask your attorney. If you did not have an attorney representing you, then I would suggest reading the agreement/order and see if tutoring is specifically mentioned. If it is mot, then unless both parties intended "tutor expense" to be... View More

1 Answer | Asked in Family Law, Foreclosure and Real Estate Law for Louisiana on
Q: If 3 people inherit to the home and taxes weren't paid can one person pay the taxes and get the house?

It already went to a tax sale but we have 3 years to claim the home and pay the taxes and penalties.

James L. Arrasmith
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answered on Feb 25, 2023

It depends on the specific laws and regulations in your jurisdiction. In some cases, if one person pays the taxes and penalties owed, they may be able to claim ownership of the property. However, in other cases, all owners may need to agree to any changes in ownership or to the payment of taxes and... View More

1 Answer | Asked in Family Law for Louisiana on
Q: Can I move with my two children to another state without their father knowing where we move? We’re not married.

The children do have their dads last name on birth certificate.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2023

What is the father's involvement with the children and have there been any legal proceedings involving the children in which rulings/judgments/orders have occurred as to custody, child support, visitation and/or otherwise involving the children. Also, is doing this in the best interests of... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: my husband has filed for a no fault divorce while he was cheating on me throughout n was involved in adultery n voilance

i have minor child i want to know what are my legal rights

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 23, 2023

To best protect your rights, you will need to have a lawyer in the legal proceedings. As such, you should really begin meeting and consulting with a family law attorney(s) in your area so you can hire the one with whom you are most comfortable. There are many issues involved, including but not... View More

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 and Child Custody for Louisiana on
Q: Can i move in with my father?

I am almost 17. My mother and my father have joint custody but I was never able to see my dad, along with my sisters and stepmom because of my mom. My dad lives in missouri i live in louisiana. If my dad came and got me and took me in to live with him would I be forced to go back home?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 15, 2023

You didn't say whether there's a judgment determining custody, but your statement that your parents have "joint custody" makes me assume that there is one. Your father would need to file a Rule to Modify Custody in the custody case asking the court to give him domiciliary... View More

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 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.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Am I required by the courts in Louisiana w/notice of deposition of opposing party, and not have any legal consequences.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

Your post is missing something which does not allow one to attempt to answer your question.

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 Child Custody for Louisiana on
Q: If opposing party subpoenaed documents from the police department are they required to share those documents with me
Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 27, 2022

If you ask for a copy of them in discovery, then yes.

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 for Louisiana on
Q: Can my dad stop me if I move out? Do I have to let him know I’m moving out? Does he have to know where I’m going to be?

I am 18 and my dad is very controling and minpulative I want to move out I have a job and a place to go

Mr. James Zitzmann
Mr. James Zitzmann
answered on Oct 19, 2022

No, you're fine.

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