Louisiana Recent Legal Answers from Lawyers

It will require jumping through some legal hoops, but based upon the facts provided you should be able to obtain legal custody of him. Under Louisiana Children's Code Article 1101 et seq., to obtain legal custody of the child it will be necessary for both parents to voluntarily relinquish their parental rights to the child for the purpose of adoption. In addition to signing an act of surrender of the child, which will need to be filed and certified with the court, both parents must also go through a number of mandatory steps: 1) A minimum of two pre-surrender counseling sessions with a licensed counselor. This will be mandatory for the mother, but the father may waive the necessity of counseling. After completion the counselor will then sign an affidavit attesting to the completion of the counseling and that the parent(s) understand the nature and consequences of the surrender. 2) Both parents will need to have separate legal counseling at the signing of the act of surrender. This means that the attorney that represents you in the adoption cannot also provide them with legal counseling before their signing. The legal counseling provided to them will include the legal effect of the surrender, as well as the implications of perjury. Each of those attorney(s) will then execute an affidavit of counsel. 3) Complete a statement of family history which will be given to the adoptive parents at the time of placement and which will be made available to the adopted child at the age of 18 years or older. The process of completing a voluntary surrender for adoption is a complicated legal matter. I would strongly advice that you seek legal representation to ensure it is completed properly. I'd be more than happy to assist you in this matter if you see fit. I have represented many clients such as yourself under similar circumstances. Please feel free to reach out to my office if you would like to set up a free consultation.... Read Answer

A will would be sufficient to convey ownership of the home upon his passing. One consideration you need to be aware of is if he has any children under the age of 23, either from his first marriage or together with you. If so, they would be considered a forced heir and be entitled to a mandatory portion of his estate, which he cannot will away.  My office drafts estate planning documents at a flat rate of a few hundred dollars, depending upon what needs to be done. If you would like to set up a free consultation with me regarding this issue, please feel free to contact me.... Read Answer

Short answer based upon the facts provided in your question, the paternity for the minor child has most likely not been established and no obligations would fall upon you, but the way the courts are in Louisiana you should bring a disavowal action to determine whether or not you are the father of the child. Since the Louisiana legislature amended the family law portions of the civil code in 2016, signing of the birth certificate no longer establishes legal paternity. If you and your ex never married, the only way those parental rights and obligations would fall to you is if you had executed an act of acknowledgement of paternity of the minor child. In a perfect world where the application of the statutes were strictly applied, you wouldn’t have to go to court to contest paternity and possible child support. Yet, this is not a perfect world, any person can file anything in a court to have it heard, and your ex may bring an action to establish child support even though paternity has not been established. In such a case you would be forced to not only contest the establishment of child support, but to also contest the paternity. All that said your issue can be resolved. It will require what is called a "disavowal action" and, if she is unwilling to submit the child to a DNA test, a court will order it. Under Louisiana Civil Code Article 187, you may disavow paternity of the child by a showing of clear and convincing evidence that you are not the father. Testimony alone will not be sufficient and will need to be corroborated by other evidence, like a DNA test. Under article 189, the action for disavowal of paternity must be brought within one year from the day of the birth of the child, or the day the you knew or should have known that you may not be the biological father of the child, whichever occurs later. During the disavowal action you may request and the court will order a DNA paternity test to be taken.   If this is something you are interested in pursuing please feel free to set up a free consultation with my office and I would be more than happy to help.... Read Answer

Will need a little more information to provide you with a specific answer. How is the relative related to the minor child? Is it the grandparent on the mother's side? When did the violence occur? What happened? Were the police called? Generally, documented acts of violence or reoccuring violent tendencies may be grounds for a court to deny visitation. But in some cases, depending on the facts, the Courts have granted limited visitation under supervision. ... Read Answer

Louisiana is a one-party consent state to recording conversations. This means that in Louisiana, you are legally allowed to record a conversation if you are a contributor to the recording. There is not even a necessity that you make a statement asking for their consent to record. All that is required is that you are a party to the recording and can be heard on the tape. Recordings of conversations that you are a part of are also admissible as evidence in civil and criminal proceedings so long as the recording meets certain criteria: (1) That the recording device was capable of taking the conversation now offered in evidence; (2) That the operator of the device was competent to operate the device; (3) That the recording is authentic and correct; (4) That changes, additions or deletions have not been made in the recording; (5) That the recording had been preserved in a manner that is shown to the court; (6) That the speakers are identified; and (7) That the conversation elicited was made voluntarily and in good faith, without any kind of inducement. Though I do not know the specifics of the restraining order you have in place, threats made to a protected party are a violation of the protective order and in most Louisiana courts it is common for the order to state that the retrained party be prohibited from making harassing phone calls. Recordings of those threats can very likely result in the Court finding that they are in violation of the restraining order.... Read Answer

No. If you have agreed to a certain amount which he will pay in child support and the court accepts that agreement and makes it an order of the court, that order will be a judgment. At that point the judgment will be binding upon your husband and he will be obligated to pay. If he were to cease payment, he could be found to be in civil contempt and be made to pay the back owed child support, as well as the costs of bringing him to court to enforce the judgment. As well, if the violation of the order is sever enough, the judge at their discression may place him in jail for the contempt. ... Read Answer

The short answer is, yes. As a party to the alleged criminal activity, with knowledge of your friend's intent to sell the weed, and willingly driving him to do so, you can also be charged with intent to distribute. Under Louisiana Revised Statute 40:966, anyone who is in possession of a schedule I controlled dangerous substance with the intent to distribute it can be charged. As well, under the current case law of State v. Proctor, App. 5 Cir.2005, 901 So.2d 477, 04-1114 (La.App. 5 Cir. 3/29/05) and State v. Tong, Sup.1992, 609 So.2d 822, a driver who takes part in a drug transaction and has knowledge of the drugs in the vehicle may be found to have "constructive possession" of the illicit substances and also be charged with the distribution. Under 40:966, a charge for distribution where, as here, there is a possession of marijuana with an aggregate weight of less than two and one half pounds can result in imprisonment for not less than one year, with a possible maximum of ten years, and a fine of up to fifty thousand dollars. If you have been charged with possession with intent to distribute, it is very important that you obtain legal representation to protect your rights. Do not answer any more questions from law enforcement without an attorney present. If you would like to consult with me further regarding this issue please feel free to set up a free consultation at my office and we can discuss what can be done.... Read Answer

Hello John, To answer your question, I'll first have to briefly go over a few provisions of Louisiana law regarding the types of divorce and what spouses are entitled to after a judgement of divorce. In Louisiana, there is “fault” and “no fault” divorce. A "no fault" divorce, under Louisiana Civil Code Article 102, requires the spouses to live separate and apart for 180 days if there are no minor children involved, or 365 days if the spouses have children before a divorce judgment may be obtained. These time delays may also be extended if the marriage was entered into as a "covenant marriage". In a no fault divorce, unless a pre-nuptual or post-nuptual agreement is entered into, each spouse is entitled to half of the community property (in short and with some exceptions, the property and assets acquired by both spouses during the marriage) and they have the option of seeking “interim spousal support” (aka “alimony”) during the pendency of the divorce proceedings and/or “final periodic spousal support” after there is a judgment of divorce which will continue thereafter. Spousal support is not guaranteed, is very fact specific, and must be ordered by the court based upon the needs of the supported spouse. In my experience, courts are hesitant to award interim spousal support unless there is a clear necessity of one party and it is exceedingly rare for courts to award final periodic spousal support. Under Louisiana Civil Code Article 113, spousal support may be awarded based upon the needs of the party seeking support, the ability of the other party to pay, and the standard of living of the parties during the marriage. Now with a "fault" divorce, under Louisiana Civil Code Article 103(2), rather than having to wait to obtain the judgment the parties are entitled to an immediate divorce in the event of adultery. This would be the type of divorce filing which you would be looking for under your stated circumstances. With a fault divorce the spouses would still be entitled to half of the community property and interim spousal support may still be granted, but spouses who commit adultery which leads to the breakup of the marriage are not entitled to final spousal support in Louisiana. Unlike the “no fault” divorce in Louisiana, where you just wait the requisite time period to obtain the judgment of divorce, a “fault” divorce alleging infidelity will require a fault hearing wherein evidence and testimony will need to be put on to prove fault, unless she were to acknowledge her infidelity.... Read Answer

Correct, you pay NOTHING out of pocket and the hired attorney of your choosing will receive compensation in you prevail and have back due beneifts owed to you.  The attorney will be entitled to 25% of your back due and not to exceed $6,000. Attorney Scott F. Bocchio President Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com     ... Read Answer

Yes, but remember that defamation requires a false statement of fact, not opinion.  Something like "he's a slimeball" is an opinion and not actionable.  Also, depending on exactly what statements have been made, you may need to prove actual damages - how these statements cost you money - to succeed on your claim.... Read Answer

When you ask whether you can claim your brother who has TPS as you are a US citizen, I assume that you are asking whether there is an easy way that he can obtain permanent residence through you. Unfortunately the immigration laws only allow you to apply for him under the F-4 category for siblings of US citizens, and that process from beginning to end usually takes approximately 12 years. During that period of time, he is not allowed to remain in the US just by virtue of your having applied for him. He may wish in the future to explore other avenues of immigration. There is also a good chance that another administration other than that of Mr. Trump will allow a path to residency if not citizenship for those who hold TPS. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Have you ever applied for SSDI benefits?  I would certainly entertain the idea and at least see if you may quslify if you were to apply. Our office is able to assist in this process.     Attorney Scott F. Bocchio President Legal Rights Advocates A+ rated BBB Member P 855-254-7841 www.yourlegalrightsadvocates.com    ... Read Answer

Yes there is a pathway for her to stay here and obtain her green card. Immigration will closely scrutinize her intention of entering the USA to visit rather than to stay with you permanently. That being said, a carefully prepared application packet with copious supporting documents would maximize her chances of success. Counsel anywhere in the US can take your case. ... Read Answer

Someone who marries a US citizen is considered an immediate relative under US immigration law, and such individuals are allowed to adjust status even if they have overstayed their visas. In your case, the 30 day grace period is recognized as a period of legal stay. But even if you exceeded it before filing for adjustment of status, you would still be eligible for permanent residence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer