Louisiana Child Custody Legal Questions

Hello, As in most cases, it will depend on your jurisdiction and judge.  Assuming for a moment that you are in a "fair" jurisdiction and have an "impartial" judge, then getting domiciliary custody of the kids should be fairly straighforward.  However, your evidence would have to be fresh enough to implicate the immediate impact on the children and show some really bad acts.  Some judge's dont particularly care if weed is smoked around kids...others do.  It simply depends.  As to her willingness to work, if the children are over the age of 5, then you can ask the court to "Impute" a salary to her for support calculations which normally helps significantly. As always, if you're in the New Orleans, St. Tammany, Washington or Jefferson Parish area, dont hesitate to call The Civil Law Center, LLC for a consultation.  504-342-4221.... Read Answer

Hello, Depending on what jurisdiction you're in (Jefferson parish versus Orleans for example) getting custody of your kids when Dad has abandoned them can be fairly straighforward.  However, it can also be a cahllenge if the Judge accepts some justification / reason from Dad as to why he did what he did.  Also, Dad may very well say that he never abandoned them at all and only got turned around while getting ice cream for the kids...or some other sob story.  Call The Civil Law Center, LLC to set up a consultation.  504-342-4221... Read Answer

After the father and new wife are married, the father can join in a petition with the stepmother to adopt the children. The birth mother has to be notified and given an opportunity to intervene. The court will be interested in how much contact there has been between the children and birth mother and whether the birth mother has provided support. Of course, legal counsel is advised.... Read Answer

Hello, You have a variety of options including helping your daughter file a Petition for Custody and Child Support.  If nobody has filed yet, she may have rights to the child now.  Call The Civil Law Center, LLC at 504-342-4221 and talk to an attorney so you can fill in more details.... Read Answer

Hello, you have some options available.  File for divorce along with a restraining order that gives you the child.  You may file an emergency petition and request interim custody.  You may file a missing persons report with the police (assuming you don't know where they are).  So you have your choice of options.  Also, if you know where your spouse has gone with the child, you can simply go get him.  Since neither parent has filed for divorce, you both have rights to the child and either one can take him, which means YOU can take him and put him back in school.  All of this assumes the  child is still in Louisiana, so be careful if you are crossing state or international borders. And as always, if you have any other questions, you can contact us at The Civil Law Center, LLC for a consultation at 504-342-4221.... Read Answer

When a child is taken into custody pursuant to an "instanter order", a hearing must be held within three days. You should be notified of the hearing. You should attend the hearing, if possible. Whether you attend or not, make sure the available family members attend the hearing. You should make it known to the court that these are the people who are available to take care of your child. It may be necessary for CPS to do some background checking before the child is released.... Read Answer

I doubt it. After age 18 child support in Michigan is reserved for children "regularly attending high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full-time basis with the recipient of support or at an institution..." That comes directly from the statute. If I was arguing against support I would note that it's hard to see how 2 hours a week qualifies as full-time anything.... Read Answer

You will need to file the Petition for Custody and Child Support and attempt to serve him.  Once you are unable to serve him, you can request a Curator from the Court who will accept service on his behalf.  You will need to pay for the curator directly since its not part of the court fee.  You should serve his "last known address" in Louisiana through the Sheriffs' Department FIRST and only after they fail to serve him, ask for a curator. If you're in the New Orleans area, dont hesitate to call us at The Civil Law Center, LLC at 504-342-4221.... Read Answer

You always have rights to a child unless you actively sever those rights.  You can file a Petition to Establish Custody and put in there the facts stating the children were in your care for 2 years.  To determine what town you need a lawyer, we need to know what town you live in, what town HE lives in and what town you two lived in together while married.  As always, if you're in the New Orleans area, dont hesitate to call The Civil Law Center, LLC at 504-342-4221.... Read Answer

Wow, you pack a lot of information into 3 short lines!  The short answer is "Probably."  Because he has visitation effective 6 months ago, there is an order in place.  Therefore, 9:355.2 applies 9:355.2: B. This Subpart shall apply to a proposed relocation when any of the following exist: (1) There is intent to establish the principal residence of a child at any location outside the state. (2) There is no court order awarding custody and there is an intent to establish the principal residence of a child at any location within the state that is at a distance of more than seventy-five miles from the domicile of the other parent. (3) There is a court order awarding custody and there is an intent to establish the principal residence of a child at any location within the state that is at a distance of more than seventy-five miles from the principal residence of the child at the time that the most recent custody decree was rendered. You should send notice via certified mail, return receipt requested, greater than 60 days from the proposed move.  He has 30 days to respond in writing.  If he fails to respond, then you're in the clear.  BUT if he DOES respond, then you're going to court. At court, you MUST be able to show that the move is in the best interests of the child and that you aren't moving JUST TO GET AWAY FROM HIM.  This is important.  Have your checklist of reasons why you're moving (better job, better schools, nicer house, moving in with grandma...whatever) ready to go. And as always, if you're in the New Orleans area, dont hesitate to call The Civil Law Center, LLC at 504-342-4221.... Read Answer