Louisiana Child Custody Legal Questions

You should be able to get the phone you purchased back from the other parent, but I expect the other parent does not agree your child should have a phone during their time with him/her. While that may not be what you want, it may be difficult to get an agreement on this point without taking the dispute to the other party through a judge or mediator.  Often parents hold phones as a punishment, or because they do not agree it is age appropriate for a child to have a phone, or to prevent or limit their access to the internet or social media.  Depending on how your custody judgment reads, one or more of these reasons may be a valid parenting concern that need to be addressed. I would need more facts to be able to understand the real issue underlying this problem, but it should be something that can be worked out.... Read Answer

Unfortunately, when a parent decides not to follow a court order, the wronged parent must file a Motion for Contempt in order to get a change, unless both parties have agreed to make a change. Present your case to the judge and ask for your attorney's fees and court costs to be paid and for the judgment to be enforced.  You may also request makeup time, and the summer is a perfect time to make that happen, since the children are out of school.... Read Answer

Is it a condition of the custody agreement or decree that your wife have a valid license?  If not, you must drop off your child as agreed/ordered.  You can certainly make clear to your ex that you would consider her driving with the kids while her license is suspended (I assume that is what you mean by "blocked") to be neglect and would take action to modify coustody if you find out that she has done so.... Read Answer

The quickest and easiest method under Louisiana law, though also the easiest to undo, is to have your mother sign a temporary guardianship of your sister over to you. Mind you, this may not be valid or enforceable under California or Oregon law.  A temporary guardianship can simply be a written statement signed by your mother stating that she is granting you temporary custody of your sister. Though a temporary guardianship is revocable at will, so if your mother changed her mind then any rights to guardianship that you would hold would be immediately revoked. The other issue to contend with is that you would need to get your sister back to Louisiana after getting that temporary guardianship signed over to you. Once she is in the jurisdiction of a Louisiana Court, and you have reason to believe that an imminent harm to your sister exists, you can petition the court for emergency custody based on that reasonable fear. The court would then set a hearing date to determine whether or not a permanent custody arrangement needs to be made. If you have any questions regarding this issue, please feel free to contact my office at 337-237-0492 so that we can discuss how to resolve your concerns.  ... Read Answer

Hello Ralph, You are free to go live with your father if it is your intent to do so and your father wishes to take you in. Under Louisiana Civil Code article 29, once you attain the age of 18 you have reached what is called the "age of majority" and are considered an adult. As an adult, your parents' legal right of control over you is lost and you are able to make choices on your own behalf without the necessity of their approval. So, if you would rather live with your father, that decision is yours alone and your mother has no legal right to stop you. As it appears from your description of the situation that you may be the victim of domestic violence, please do take care in informing your mother and her boyfriend of your intention to leave. I do not want there to be an altercation and you to be harmed. If you are in need of a protective order, please do not hesitate to give my office a call at (337)237-0492 and I'll be happy to help. Sincerely, Chase A. Manuel... Read Answer

In Louisiana, a parent has a paramount right of custody over a non-parent.  In a struggle over custody, a non-parent must show that custody to the parent would cause "substantial harm" to the child.  A relative, such as an aunt, can file for visitation in "extraordinary circumstances," one of which would be the death of the mother.   The best course of action would be for the mother and father to agree upon your having custody in the event of her death,  prior to her death or becoming incapacitated to the extent that she could not make decisions.   If the mother and father are divorced, this may be difficult or impossible to accomplish.   She could appoint you as tutor for the child in her will, but that appointment will not be good against the father unless he agrees, or is found unfit.   He may agree if he is incapable of caring for the child.   Whether or not you or the grandmother would be a more appropriate person to care for the child is a matter of many factors involving the best interest of the child.... Read Answer

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

Cristy, sorry to hear what you are going through. However, emergency orders are granted by default without trial. You should have retained an attorney to respond to the petition that your child father alleged and served. You have to  figure out if the court has jurisdictio if it does than you have to fight the battle all over again. But a competent and aggressive attorney can assist you in any case. If you can not afford an attorney, you can represent yourself in court. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read Answer

Does she have visitation? If so, she might petition for modification and use the excuse that you are trying to take her parental rights away by taking an out-of-state job, whereas you can also find a suitable or similar job in the state. The attorney you hire to represent you should be competent and aggressive to ensure that if she files such petition it gets denied and you get to move with your kids and give her visitation if she decides to drop by your place and or through video visitation or the school breaks. Looking forward to hearing from you. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in LA.... Read Answer

I completely agree that your child should be removed from the household until the gun is removed from his possession and he shows that he is mentally and physically fit. Right now problems in the house with his girl-friend might interfere with your daughter. Suppose he loses his temper and fires a shot at his girlfriend and somehow your daughter got in between. That is the most likely scenario it might escalate to. Not saying that is what will happen but where there is a gun there is a bullet. And bullets don't have eyes. Keeping mind his criminal background it would be best for you to modify the custody order and get emergency temporary custody of your child and put him on supervised visitation. Your attorney that you chose to work with can best assist you. I would recommend working with a paid attorney rather than a free lawyer, as free lawyers don't always have the time and attention to dedicate to one particular client. Looking forward to hearing from you. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in LA. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in LA.... Read Answer

My office does provide payment plans options to low-income families. However, we do require a downpayment. Please contact my office to discuss the case details and your financial situation so that we can see what best options are available for your case. We are based in New York State, however, we travel for cases and your area is where we travel frequently for cases. Did you consider getting a free attorney from the court? Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

Your fiance can adopt her when you are married. The biological father can sign a consent to the adoption which will make it easier. If he refuses to do so, you can still proceed with the adoption and prove that he has not paid child support for at least 6 months or has not visited or communicated with the child for at least 6 months.... Read Answer

The father can agree to the adoption. If so, we can send him a Consent to Adoption for him to sign. If he does not agree to the adoption, we can involuntarily terminate his parental rights if he has failed to pay child support pursuant to a child support judgment for at least 6 months or has failed to communicate or visit with the child for 6 months or longer.... Read Answer

If you have allowed him to keep the girls for 10 months in another state without asking for court intervention that state is now the children's home state and you will have to seek custody in that new home state. Under Louisiana law, when there is no custody agreement, either parent has an equal right to physical custody so basically whoever has them can keep the children. I know you did not "let" him keep them and you wanted the children back but the fact that you did not seek a court order for child custody for nearly a year has allowed him to be able to claim the state he is living in is the proper state to determine custody (if he has been there that long).... Read Answer

The father does not have any rights until he proves paternity (that he is the father) with the court. If the mother allows him to have physical custody of the child, he could keep the child and refuse to return the child to her. She could call the police who may or may not assist her. If the police refuse to assist her in the return of her child, then she would have to institute legal proceedings.... Read Answer

Child support terminates when your last child graduates from high school or turns 18, whichever occurs later. If your child is already 18, you should call the Department of Children and Family Services, Child Support Enforcement and advise them of the date of your child's graduation so they can terminate the income assignment (wage garnishment). They may need proof from the school of your child's graduation.... Read Answer