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Terri M. Miles

Terri Miles’s Answers

7 total

  • My ex and I have two children together. We were never married and do not have any legal custody agreement. Can I move the kids?

    Terri’s Answer

    Louisiana law requires that you give him notice of your intent to relocate by certified mail including why you are relocating, the address, the school the child will be in, and why the relocation is in the child's best interest.
    If the other parent does not oppose the relocation, be sure to get it in writing. If the other parent opposes the relocation, you will need an attorney to file a petition with the court to address paternity, custody, relocation, and other incidental matters such as child support.

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  • How do I get custody of my niece whom I had since she was 1 and now 7 years old?

    Terri’s Answer

    I suggest you apply for guardianship of the child or file a Petition for custody of the child. Hopefully the parents will consent to you having custody and it will not require protracted litigation.

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  • If my husband is getting a divorce lawyer do I need one?

    Terri’s Answer

    Even if you don't want to retain your own counsel to enroll in the matter, at least hire one to review anything you receive prior to your signing it. It is very easy to hide things within a judgment that may seem to be totally innocent when in fact one word can change your right to something. It may not even be the intentions of your former spouse to be deceptive but the attorney is going beyond what he has instructed him/her to do. I see that a lot. The law does not require that both parties have counsel but there should never be one counsel that represents both parties. I do and am sure other attorneys will agree to be hired for a nominal amount to advise a client about a document they are planning to sign. Better safe than sorry.

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  • I need to find a lawyer who can help us fight OCS in Ascension Parish LA for taking my children wrongfully causing mental damage

    Terri’s Answer

    Without more details I can't advise you on a suggested course of action, but you will need legal assistance to take on DCFS or Child Protection. You can contact the La. State Bar Association for a referral to an attorney in your area if you don't find one on AVVO. You definitely want local counsel, meaning someone who frequently litigates in your Parish. You should also seek a La. Board Certified Family Law Specialist and not someone who does not devote a lot of time to family law matters. You need to get well acquainted with the attorney appointed to represent you and the attorney appointed to represent your child, as well as any CASA workers assigned to the case. Be absolutely sure to attend every court date and complete everything they ask of you in a timely manner. It is crucial that you follow your case plan. Don't give up.

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  • How can i get custody of my daughters who are being abused by their mother?

    Terri’s Answer

    Threats of suicide should not be taken lightly. Encourage your daughter to always feel she can confide in you and you will always put her safety as a priority. If you are allowed to do so, seek professional assistance. Hire a therapist for your daughter to see; they are mandated reporters and must report any child abuse. This will also give your child someone to talk to openly about her fears, etc. You may want to consult the school counsellor to meet with her. If the school counsellor feels therapy is needed, she could contact the mother and ask her to take your daughter to a therapist and possibly will suggest some good ones. Mother may be more receptive to the counsellor than to you. The other alternative is to file a pleading in the court asking that your daughter be evaluated for any needs for therapy without disclosing all the details your daughter gave you. You should consult with local counsel for direction if the school can't help and Mother refuses to get her therapy.

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  • Do we need consent from my step daughters mother to take her out of state?

    Terri’s Answer

    You should always notify the other parent of any intended out of state travel. How much advance notice and any restrictions on travel should be included in any child custody judgment. IF the laws of your state don't address that and the judgment is silent on out of state travel, you don't have to notify the other parent, but I would encourage you to do so as a matter of courtesy.

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  • How do I go about getting non biological father removed from birth certificate and biological father put on there?

    Terri’s Answer

    You would need non biological father to sign to Revoke Acknowledgement of Paternity and have Biological Father sign Formal Acknowledgment of Paternity; go to Vital Records and fill out paperwork to change name on birth certificate.
    OR
    You file a Petition to Establish Paternity in District Court; serving both Father on Birth Certificate and the correct biological father. Ask for court appointed DNA testing in that proceeding. it would have to be done through a lab supplying the Affidavit suitable for admission into court records; then you could file a Consent judgment executed by yourself and both "fathers" stating the name of the correct father and an order to amend the Birth Certificate. Take that Judgment to Vital Records and complete application to amend Birth Certificate.

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