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Louisiana Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Louisiana on
Q: I’m 20, if I hit a 16yo who hits me first, could I get in trouble?

A 16yo wants to fight me. I’ve repeatedly told her I am not putting my hands on her bc of the law. But if for some reason I have no choice & she hits me first in a public place, how much trouble could I get in?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 10, 2018

Don't do it.

1 Answer | Asked in Family Law, Federal Crimes, Internet Law and Juvenile Law for Louisiana on
Q: How can I help them?

Hi, my little sister is 14 and she sent a video of herself being being sexual to two of her male classmates on a app called Snapchat. One of the boys recorded her from another phone and his mother found it. Now she wants to discuss the matter with my mother since the boy sent it around school. If... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 12, 2018

There may be implications from both a criminal and child protection standpoint. I'd certainly recommend that your mother contact an attorney who is familiar with both criminal and family law matters.

1 Answer | Asked in Personal Injury, Criminal Law, Education Law and Juvenile Law for Louisiana on
Q: Do doctors excused absences fall under punishable offence with truancy?

My son is in kindergarten and has missed 9 days 6 of which were doctor excused noted and documents were sent to scool. With that being said can I the father still be turned in for truancy?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 3, 2018

No not truancy. But make a copy of each doctor's note before you give it to the school.

1 Answer | Asked in Family Law and Juvenile Law for Louisiana on
Q: Can a undertutor challenge a tutorship based on tutor not allowing phone calls?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 23, 2018

Need more information.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Louisiana on
Q: How do I get guardianship over a minor child?

My almost 17 year old not legally adopted son of mine's step mother called and asked if he could come live with me due to circumstances between him and his father. I want full legal guardianship of him so that I can enroll him in school, take him to Dr. appointments, etc. What steps or forms... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Aug 6, 2018

It looks like you're in Missouri. You asked this in a forum for Louisiana.

1 Answer | Asked in Criminal Law and Juvenile Law for Louisiana on
Q: My sister in law is in juvinile drug court . She's pregnant . A couple weeks ago she was sent to green oaks because her

Levels where 30 in GO her levels would drop and go back up . She tested a few days ago and her levels where 18 so she wnt back to green oaks. Why would her levels be going up and down . She's has done everything her case worker asked of her she completed her hiset and signed up for drivers ed... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 16, 2018

Her levels are either going up and down because she's abusing or because of an organic reason. If it's organic, she needs an attorney and a medical expert to testify or that baby will be take by CPS.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Louisiana on
Q: What are the step parents rights and what can I do to change my custody to me? .

I found out recently the my kids dad and stepmom have been lying to my kids since december 2011 by claiming to them that I abandoned them after they moved in with their dad. The dad allowed the stepmom to be shown as the parental guardian instead of me on medical records, doctors appointment,... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 7, 2018

You need to hire a family law attorney to establish a custody/visitation schedule and perhaps contempt for involving the children in adult matters. Step parents have no rights unless they adopt.

1 Answer | Asked in Family Law and Juvenile Law for Louisiana on
Q: Can a 18 year old boy who is living with a 15 year old girl be granted guardianship by the parent who has left the home.

The boy works for us and states he and 15 year old are in committed relationship

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 3, 2018

No. If involved intimately with 15 year old he cannot be granted custody. We don't have guardianship in Louisiana.

1 Answer | Asked in Juvenile Law for Louisiana on
Q: Can a person be put on probation while never being arrested nor charged with committing a crime?

If that person was put on probation without that happening how valid is the probation violation, if charged with one under that senario? Am I wrong for believing that you have to be arrested and charged with a crime to be placed on probation?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 29, 2018

You have to have been charged or plead to be on probation. If not, someone had your record confused with someone else.

1 Answer | Asked in Criminal Law and Juvenile Law for Louisiana on
Q: If I am 16 and fight someone who is 14. (Not on their property) can I get charged with anything?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 27, 2018

Yes, battery. Behave yourself and read a book.

1 Answer | Asked in Criminal Law and Juvenile Law for Louisiana on
Q: Is it illegal if I am 16 and my girlfriend is 19? Even if we are not in a sexual relationship? We kiss but that's it.

Can my girlfriend get in trouble.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 20, 2018

You are both fine. Use protection if you start doing more. Wait until you are 17.

1 Answer | Asked in Juvenile Law for Louisiana on
Q: Is it illegal for a 18 year old girl to date a 15 year old boy?

When i turn 18 my boyfriend will be 15 but will turn 16 withen the next 6 months. We are 2 years, 6 months, 7 days apart.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 7, 2018

No but sexting is a felony.

2 Answers | Asked in Family Law, Civil Rights, Education Law and Juvenile Law for Louisiana on
Q: I'm 16 y.o and I was wondering is it legal for my parents decide for me if I can go to public school or not?

They keep pushing the idea of me getting a G.E.D, which isn't fair to me at all because this is my life not their's. Their poor excuse is that I was messing up at my previous school, but I started to get it together right before I moved to where I am now which was the middle of the year.... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 7, 2018

I admire you for your drive and ambition. I would tell them flat-out that you want to stay and school and finish. Make a deal with them that you can stay in school as long as you continue to make good grades and stay out of trouble. Good luck!

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1 Answer | Asked in Family Law, Civil Rights, Communications Law and Juvenile Law for Louisiana on
Q: What are the laws on moving out at 17?

I am 16, soon to be 17. My dad is an alcoholic and is only in town every 2 weeks. My mom is dating an abusive guy that sells drugs. I want to leave, but I don't know if I can.

Mr. James Zitzmann
Mr. James Zitzmann
answered on Jan 29, 2018

Well, someone has custody of you until you are 18. This means there is a possibility you could be returned. To get around this you'd need to petition a court for emancipation.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Louisiana on
Q: AS A GRANDPARENT DO I HAVE ANY RIGHTS AFTER RAISING MY GRANDSON FOR 10 YEAR
Mr. James Zitzmann
Mr. James Zitzmann
answered on Dec 18, 2017

It depends on the circumstances. Who has legal custody of the child right now? If you have reason to believe either of the parents having custody is a danger, you could always file a petition yourself. Grandparents also may have a limited right to just visitation under certain circumstances; this... View More

1 Answer | Asked in Family Law and Juvenile Law for Louisiana on
Q: My son will be 17 in two montths and wants ti move out. Can I get in trouble if I let him?

He is still in school and would be moving with his biological fathers family. Which they or the father have never financially supported him before. We cant seem to get along. He wants to be treated like an adult but doeant take resposibilty for anything.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 21, 2017

I don't see how you can get in trouble; however, I would suggest that you do a Voluntary Transfer of Custody. This will be required if the school board where he'll be attending is operating under a Federal desgregation order, and most school boards in LA still are. This may also afford... View More

1 Answer | Asked in Family Law and Juvenile Law for Louisiana on
Q: What does Art. 4463 Tutor without bond mean in laymens terms. Court may dispense with the furnishing of security

Does the tutor have authority to withdraw funds from the bank account set up for the minor?

Mr. James Zitzmann
Mr. James Zitzmann
answered on Sep 5, 2017

Without bond just means that the tutor does not have to give to the court any security or monetary guarantee that they will perform the duties faithfully in being the tutor for the child. For example, you can compare it to when someone wants to get out of jail, they will put up a bond to ensure... View More

1 Answer | Asked in Family Law and Juvenile Law for Louisiana on
Q: 16 year old boy rights when mother hasn't raised him but his dad died and she is now forcing him to move out of state.

He's been living with his grand parents in Louisiana (where he grew up) for a year since his dad died. His mom has been in and out of rehab his whole life and lives in Texas. Can she really just uproot his whole life like this and take him?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Aug 6, 2017

The grandparents need to file for custody if they haven't already. While a parent's right to custody of their child is paramount in Louisiana, the child's safety and stability are what's most important. Therefore, there will be situations where custody will be awarded to... View More

1 Answer | Asked in Family Law and Juvenile Law for Louisiana on
Q: If I am 18 can my mom come all the way from Florida to Louisiana and make me go back
Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 15, 2017

In Louisiana, if you are 18 years old, you are legally an adult. Therefore, no one other than the proper authorities can "make" you do anything. Of course, there are consequences to every action or inaction. Good luck.

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