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D. Wayne Bush

D. Wayne Bush’s Answers

6 total

  • Would an attorney be able to help my mother in law retain custody of her 2 young grandchildren?

    D. Wayne’s Answer

    The way I appreciate your question is that OCS has removed the children from their parents and have chosen to place the children with a relative--their grandmother. OCS cases are usually long by nature. The process and the law favors reunification of the family. However, if the parents do not work their case plans, then, at some point----usually 18 months to two year----the state can seek to terminate parental rights. There are several alternatives---especially if the parents agree. For instance, the state can transfer custody of the children to their grandmother and terminate the OCS case. If, however, the state intends to return the children to their parents, and grandmother does not believe that it is in the best interest of the children, she can intervene in the OCS case. OCS intervention is very specific and heavily laden with procedure. You will need to retain counsel.

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  • Convicted felony?

    D. Wayne’s Answer

    Under Louisiana Code of Criminal Procedure Article 896, a court may, at any time during the probation period, modify, change, or discharge the conditions of probation, or add further conditions authorized by Article 895. You will need to petition the court for relief.

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  • My x-husband died and we purchase a house, can his children claim anything from the house?

    D. Wayne’s Answer

    Although it is not completely clear from your post, it seems that your home was held in community with you and your former husband. This is if, of course, you and your ex-husband did not have a property settlement when you divorced. If you bought the home together--while married, and have never settled your community property, then the home would be community in nature. If the home is community property, then your ex-husband's children may have an interest in the property. This information is very general in nature, and there are several questions that a lawyer would ask you in assessing the nature of your home (separate or community property).

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  • Can my husband adopt my daughter her real dad denied her while i was pregnant, at birth, he is not on the birth certificate

    D. Wayne’s Answer

    Louisiana's Children Code provides for intrafamily adoptions. It is, in a nutshell, a more simplified adoption process. Although, your post indicates that the bio-dad has neither financially supported nor visited the child, it does not indicate whether a child support order is in force. You will need to seek advice from an attorney, as the intake is lengthy. If the intrafamily adoption is ultimately granted, your husband would be listed on the child's birth certificate, and his rights to the child would be the same as if she were his biologically.

    ***this information being provided for educational and informational purposes only***

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  • Termination of parental rights

    D. Wayne’s Answer

    Based on your summary of facts, it appears that an Intrafamily Adoption would be your best option--especially if the bio-dad consents.

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  • I filed under article 894 for simple possession (marijuana) but it is still on my record. How do I fix this?

    D. Wayne’s Answer

    I am not sure what you mean by "filed"; however, if you tendered a guilty plea under Article 894, you should have petitioned the Court, if you qualify. This will have the same effect as an acquittal on your record. Also, there are fees associated with the filing. This is not; however, the same as an expungement.

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