Jeffrey S. Wittenbrink’s Answers

Jeffrey S. Wittenbrink

Baton Rouge Family Law Attorney.

Contributor Level 10
  1. Louisiana family law attorneys only...

    Answered 29 days ago.

    1. Stephen Rue
    2. Jeffrey S. Wittenbrink
    3. Michael D. Conroy
    4. Julie Quinn
    4 lawyer answers

    In Louisiana there is no age at which the minor child "makes the decision" as to which parent they want to live in. They may testify as to their preference if they are competent, but most judges will give that factor only little weight. An older child may get more consideration than a younger child, depending upon the reasons they articulate, but the judge will always be weighing and balancing all of the relevant factors that make up the best interest of the child. Twelve factors are...

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  2. Is a monetary donation towards a house recoverable when the couple divorces?

    Answered 8 months ago.

    1. Jeffrey S. Wittenbrink
    2. Larry Bernard Hampton Jr
    3. Michael D. Conroy
    4. Peggy Margaret Raddatz
    4 lawyer answers

    In Louisiana a donation is an enforceable agreement, a gift. A gift made to a married couple is presumed to be to both of them, unless proof exists otherwise to the effect that it was to only one party. To the extent that you have donated the money to the couple, it is usually not only not recoverable, it is considered "community property," such that equity in the home due to the donation would belong to both parties, and not just to your son, as it would had you donated the money only to...

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  3. How do i get my kids back even though they have been adopted?

    Answered 10 months ago.

    1. Craig Bernard Mitchell
    2. Jeffrey S. Wittenbrink
    3. Alan James Brinkmeier
    4. Michael D. Conroy
    5. Lauren G. Coleman
    5 lawyer answers

    In Louisiana a termination of parental rights by the state because of alleged abuse or neglect is a fairly lengthy process. Adoption only occurs after a parental rights termination hearing, and before that many different status hearings and a permanency hearing. If an adoption has already occurred and you appeared and objected, your recourse would be to file an appeal, if the time limit for filing an appeal has not already run. A person facing a termination hearing by the state is supposed...

    3 lawyers agreed with this answer

  4. Will a custody/adoption agreement that was signed by a notary hold up in family court?

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. Jeffrey S. Wittenbrink
    2 lawyer answers

    In Louisiana a true "surrender" of parental rights by the birth mother, if executed more than five days after the birth of the child, is irrevocable. Normally those surrenders are used in a formal adoption, which should be commenced after the surrender is signed. You should have a family law attorney review any document that you have immediately to determine your rights under the terms of that document.

    3 lawyers agreed with this answer

  5. As I am looking to set up a Will for my mother, we ran into a small problem. The law firm we called said they would not touch it

    Answered over 2 years ago.

    1. Jeffrey S. Wittenbrink
    2. Michael J Corbin
    2 lawyer answers

    This should not be a problem in Louisiana unless your brother is under the age of 23 or is disabled, in which case he is considered a "forced heir" under Louisiana law. There are specific rules for disinherison, and you should find a competent attorney to help you with this issue.

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  6. My husband served me with divorce papers

    Answered over 2 years ago.

    1. Jeffrey S. Wittenbrink
    2. Lauren G. Coleman
    3. Robert Ricci
    4. J Charles Ferrari
    4 lawyer answers

    If you do not answer the suit, you may have a default judgment rendered against you. You need to defend the suit and answer with the defense that your husband is still living with you. No divorce can be granted unless the parties live separate and apart for a period of time. Since you have minor children, you and your husband must live separately--not in the same house--for 365 days. You should retain an attorney to help you with this situation immediately.

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  7. I had split with my husband and got pregant. The baby was not for my husband but because we where still married he was put on

    Answered about 3 years ago.

    1. Jeffrey S. Wittenbrink
    2. Lauren G. Coleman
    3. Mary Elizabeth Milek
    3 lawyer answers

    An intrafamily adoption is a relatively easy procedure in Louisiana. If you have an address for the biological father in Mexico, you may be able to convince him to sign a consent. If the legal father (your previous husband) has not obtained a judgment of disavowal, he will also have to sign a consent or be sued, for the adoption to go forward. If you have no address, because the biological father has gone more than six months without contacting his son, his consent will not be necessary....

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  8. My husband paid the bills before moving out, but we are not legally separated or divorced. Is he still financially responsible?

    Answered 6 months ago.

    1. Jeffrey S. Wittenbrink
    2. Betsy A Fischer
    3. Dale M Maas
    3 lawyer answers

    In Louisiana, a spouse owes the other spouse financial support for the necessities of life. You may be entitled to support on a temporary basis pending a divorce, and for up to six months after a divorce is finalized, with certain exceptions, based upon your need and the other party's ability to pay, and depending upon the lifestyle of the parties while married. Final or "permanent" spousal support depends on whether or not a spouse is "free from fault" in the breakup of the marriage and...

    2 lawyers agreed with this answer

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  9. Ex has supervised visitation & is refusing to pay for a supervisor for visits. What do I do?

    Answered 6 months ago.

    1. Andrew J. Harger
    2. Lauren G. Coleman
    3. Jeffrey S. Wittenbrink
    3 lawyer answers

    In Louisiana a person who does not follow the orders of the court may be brought before the court on a charge of contempt, and required to pay attorney's fees and court costs for having to be haled into court. You have described a person with multiple violations of the court's orders, who is already in contempt of court. Depending upon the reason for supervision, you may actually be disallowed from using a relative or friend of the defendant in a supervised visitation setting. You should...

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  10. How do i get custody of my son

    Answered almost 2 years ago.

    1. Jeffrey S. Wittenbrink
    2. Lauren G. Coleman
    2 lawyer answers

    A man who has neither formally acknowledged his children by an affidavit of paternity or a paternity judgment has no rights to physical custody, whatsover. Ordinarily the police will not be involved in such a matter without a court order. If there is a legal father and an "alleged father" the alleged father will have no rights until he is filiated to the child by means of a court proceeding. A person in this situation should immediately consult an attorney regarding obtaining what is...

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