Louisiana Family Legal Questions

You do not have to involve the court unless the mother objects to the relocation, which based upon your explanation appears to be a more beneficial location to facilitate visitation and she would not object. The process for relocation under Louisiana Law is governed by Louisiana Revised Statute 9:355 and entails the relocating parent provide the other with written notice of their intent to relocate more than 75 miles from the primary residence or out of state. The notice should be sent sixty (60) days before the proposed relocation date and be sent registered or certified mail, return receipt requested, or delivered by commercial courier. The following information needs to be included with the notice: 1) your current mailing address; 2) the intended new residence, including the specific physical address; 3) the intended new mailing address, if not the same; 4) your telephone number; 5) the date of the proposed relocation; 6) a brief statement of the specific reasons for the proposed relocation; 7) a proposal for a revised schedule of physical custody or visitation with the child; and 8) a statement that the other parent is entitled to object to the relocation in writing within thirty days of receipt of the notice and should seek legal advice immediately. If no objection is not given in writing within thirty days of receipt of the notice to relocate, then you would be free to relocate. If you have any questions, would like assistance with preparing and delivering the notice of relocation, or if an objection is made to the relocation, I’d be more than happy to help. Please feel free to call my office at (337)237-0492 to set up a free consult.... Read More

Yes, once you and your fiancé are married, an intrafamily adoption may be conducted wherein a stepparent may adopt the child of his spouse so long as certain criteria are met. You are correct that your ex has not established paternity. As I assume you and your ex were not married on or around the time your daughter was born, where paternity would have been presumed, in Louisiana at the time your daughter was born your ex would have had to either 1) signed the birth certificate or 2) sign an act of acknowledgement of paternity to establish his parental rights. Now that said, in my experience, as you know he is the biological father of your daughter, he will very likely be considered a necessary party that the Court will require to be served with the adoption paperwork and given a chance to contest the adoption, though he will have little power under the law to do so. Under Louisiana law, parental rights may be terminated if a father is unable to demonstrate a substantial commitment to parental responsibilities. Specifically, under Louisiana Civil Code Article 1245, if your ex has refused or failed to visit, communicate, or attempt to communicate with your daughter without just cause for a period of at least six months, his consent is not necessary for the adoption to go through. A case of particular note with facts very similar to your own is In re C.E.B., 161 So. 3d 811 (La. App. 3d Cir. 2014). In that case, an intrafamily adoption was allowed to proceed as the biological father, who had not established his paternity rights, was unable to demonstrate a substantial commitment to parental responsibilities. Based upon your description of the situation, it appears that serving your ex with the intrafamily adoption petition may be an issue and, even if you were able to locate him, he may dodge service. Louisiana civil procedure allows for matters such as this to proceed but may require an attorney (called a “curator”) to be appointed to attempt to locate and serve him and, if unable to, to represent your ex’s best interests in his stead at the adoption proceedings. During the adoption process, the Department of Children and Family Services will conduct a background check and your new husband will need to be fingerprinted. If you would also like to have your daughter’s last name to be changed during the adoption process, it may also be completed during this process. Intrafamily adoptions can be complicated and drawn-out process if the necessary steps are not met. If you are interested in having someone assist you, please feel free to give my office a call at (337)237-0492 to set up a free consultation. I’ve represented clients in numerous intrafamily adoptions and would be more than happy to assist you.... Read More

Sorry to hear all that you have been going through. It appears that this is a mult-state custody battle. You really need to hire an attorney to represent you and your child. Your situation is not very clear, perhaps you can call our office and speak with a case manager and see what we may be able to assist you with. You can also, try to contact lawyers directory by searching them through the state lawyers on this website and calling them. Many attorneys charge for a consultation because not everyone can afford an attorney and a typical child custody cases ranges from $3,000 to $7,000 or more. We don't know the complete case details, but if you are willing to represent yourself in court, we can provide you all the information you need, guidance to best represent and protect your children. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

Hey Julie, you will need to discuss your options with a Family Law specialist. You can represent yourself in court as a pro se. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read More

no, you only pay taxes on it whenever it is considered income. If he isn't sending you alimony, then there is nothing to pay taxes on. I do think that you should hire an attorney and have a contempt of court drafted against him. If there is anything else we can help you with, please call us at 504-342-4221. ... Read More

I don't know if it's considered theft, but you need to revisit this issue with the court in order to determine the location of the funds so that you can recover the 50% that is due as per the QDRO. It is most important that you recover the funds which is a CIVIL matter. More facts are needed to determine whether there is criminal violations, and ultimately, it is the DA who determines whether or not to prosecute. ... Read More

Hello, It depends on what he's alleging you did and what evidence he has.  If he's got evidence of you doing bad things, its possible.  However, the burden is very very high and most "emergency" motions are denied.  Ultimately it will come down to what he's got and what he can show. Without a lot more information, I cant really give an opinion about his chances of success.  If you're in the New Orleans or St. Tammany area, call The Civil Law Center, at 504-342-4221 and speak with an attorney asap.... Read More

Hello, I assume that you can substantiate the timing of signing the pre-nup and the wedding.  With that assumption, you have a strong challenge to the pre-nup since it was signed so closely to the wedding.  There are multiple cases on point that specifically say that (in effect) signing a prenup on the church steps makes it invalid. However, it will definately depend on your jurisdiction and judge. Call The Civil Law Center, LLC if you are in the New Orleans or St. Tammany area and speak with an attorney today at 504-342-4221.  You will need to move on this sooner rather than later and do nothing to "ratify" the agreement until you speak with an attorney.... Read More

Hello, "Is this legal, for her to cut off all contact with me and my children?"  Unfortunately that depends...it sounds like you have never been in front of a judge to determine child custody and visitation...if that is the case, then YES she can take the kids and not let you see them.  Thats because you never went to court to establish paternity and filiation.  You will likely need to file a petition to establish paternity and request a paternity test.   You will need to get it served on her (not easy if she's hiding) so find out where she is hiding herself.  Fortunately, when you file, you will likely be able to get that paternity test done (be ready to pay for it) and find out if those kids are yours.  Be warned though, there are very strict deadlines for you to Disavow a child...and if you have blown those deadlines, you may wind up on the hook for child support anyway, even if its not your child. As always, if you need help, set up an appointment at The Civil Law Center, LLC in Metairie, La. to talk with one of our attorneys.  504-342-4221.... Read More

Hello.  While your details managed to get cut off, I will fill in as best I can.  Can they get back together....Generally Yes. All they need to do is jointly petition the court to dissolve the restraining orders and the court generally will abide by their wishes.  However, the Court CAN decide that one (or both) parties are not in their right mind or that the parties getting back together is not in the best interests of a child and then can decide NOT to dissolve the restraining order.  Frankly, when there are no children involved, I've never seen where a judge hasn't dissolved the restraining orders, but especially in Louisiana, you never know.  A Judge's power is extreme and to dissolve or not to dissolve a restraining order will be a tough ruling to overturn in an appeal. If you're in the New Orleans area, dont hesitate to call us at The Civil Law Center, LLC at 504-342-4221.... Read More

Yes.  You Have To Keep Paying.  BUT you should file a motion to modify custody and support based on a material change in circumstances.  I would ask for custody of the son and cite his moving out as proof that mom cant handle him.  I would also perhaps ask the court to allow you to place his support funds into an escrow account (since he's not living with mom anymore) for his education.  Lastly, as an alternative to getting domiciliary custody, ask for Shared custody which should reduce the payment significantly. If you live in the New Orleans area, dont hesitate to call The Civil Law Center, LLC at 504-342-4221. ... Read More

Yes.  You can file a Motion for Contempt with the amount owed included.  If you have a lawyer, they should have ample experience doing these kinds of filings.  In your motion be sure to ask for the arrears to be made "Executory" so that you can file it with the state or their employer to garnish their wages. You should be able to tell the court, and prove with documentation, the exact amount he/she owes to the penny.  Be aware that IF the other party paid you in cash at some point, they will show up to court and argue that those cash payments constitute child support even if it was a birthday gift. If you're in the New Orleans area and need a lawyer, call us at 504-342-4221.... Read More

You need to file a motion, a request for order, and in your declaration explain the reason.  If you do not have access to a private attorney, go to your county courthouse and see the family court facilitator, who is an attorney who serves without fee to you, and can advise you as to how to go forward.... Read More

Certainly, you can attempt to do this on your own. However it would be much wiser to engage an attorney to look into your situation and draft to wills, statements of intentions, durable medical powers, a durable power of attorney and the many other things which are recommended. The fact that you are both in a risky profession redoubles that advice.... Read More