My father has been deceased for less than a year. He passed in another state, so when my sister, brother and my dads girlfriend went to say their goodbyes before he was cremated, I asked for them to get his fingerprints for me since I wasn't there...
It is not clear under Louisiana law whether or not biometric markers such as fingerprints or a face pattern can be considered "property." Unless the girlfriend is mentioned in a will, she would not be entitled to inherit any property of the decedent in most states, depending on her actual legal status. Some states recognize "common law" marriage, and have different time limits for recognizing that status, and your question does not identify where your father was living when he passed.
Another question may be who took the fingerprints or caused them to be printed onto paper. The act of actually taking the print may create rights in some jurisdictions. For example, fingerprints which are part of a criminal record made by law enforcement authorities actually belong to the authorities who took them and the registry in which they are placed, even though they are identify markers belonging to an individual.
If the girlfriend won't give them back voluntarily you will probably have to file a civil suit, and a judge will decide the nature of the property and to whom it would belong. You need to meet with an attorney who can go over all of the specific facts of your case in order to reach a more specific recommendation. This is not necessarily a "family law" question, but a question of probably probate, successions and general civil law. If the girlfriend is holding "property" that she has no right to, there may even be a question of criminal law involved.See question
I live in louisiana and recently my husband walked out on me. He took all our money and now is refusing to help me with bills. I haven't been able to find a job and can't afford childcare. The only help I have lives in WV and I want to take the ki...
In Louisiana a parent seeking to relocate with a minor child, when the other parent has established parental rights and is not under a family violence restraining order, must follow specific procedures in order to be able to do so. You should consult with a family law attorney in Louisiana to determine how best to approach the relocation issue as well as your other parental rights.See question
Mother allowed her live in boyfriend to beat 11 year old son with belt to point of severe bruises and whelps. Did not call to notify me (father) of incident or problems. When child returned to my home,I saw injuries and took to Dr and filed emerge...
Prior to the expiration of the temporary custody order, you should consult with a family law attorney about filing for permanent custody. That attorney will help you weigh your evidence and make a determination about the merits of going forward with you.See question
I have posted on here about filing kidnapping but I guess I didn't place info to help. I have SOLE custody of my daughter that is involved. My ex husband who IS NOT her father was allowed visitations with her until July 1st. On that date he would ...
If there is an order or judgment clearly indicating that you have sole custody of your daughter and your ex will not return her when she is due to return, you should hire a family law attorney to obtain a civil warrant. That is a matter that be walked through to a judge and an order obtained quickly to have the sheriff or other law enforcement assist in getting your child returned.See question
His parents forced him, under duress to sign Usufrik over to them. He want to file a Motion to gain rightul ownership and use of house without his parents dictating things. What is tthe Motion Caption called. He is ADHD and depressed at time of si...
In Louisiana, a usufruct established by a juridical act other than a testament is subject to all the rules of contract. It may be modified or changed by agreement. The parties can agree to terminate it and the usufruct established in that manner is subject to laws governing conventional obligations. The previous attorney's answer is correct insofar as you will definitely need experienced legal help--an attorney--to challenge the usufruct or to put your "friend" in a bargaining position to change it. You should contact a lawyer immediately. You can use an attorney who has experience in successions, general contracts and interdictions, all as mentioned by the previous attorney.See question
In 2014 a private couple filed to terminated my rights to my son. Since then we have been as far as the supreme court in Louisiana, it was over turned then in May of 2016 the supreme court over turned it again leaving me with no rights. Is there a...
In Louisiana, grandparents may retain some visitation rights in the case of an adoption and termination of rights of a parent. You should have an attorney review the case and see what can be done to allow grandparent visitation as soon as possible.See question
I am going through a divorce and my soon to be ex husband kicked my daughters and I out. We are living with my boyfriend. We have been together for 5 months now. There has been nights i would just stay over after we were kicked out. Other nights...
In Louisiana the custody arrangement between estranged parents and their child is usually governed by a custody judgment, if the parties have had a formal court proceeding regarding custody. If there has been none, parents have more or less equal rights under the law, unless the father has not been recognized legally as a parent. If there is a custody judgment, that will rule the relationship. If not, the parties may disagree and and may need to go to court to resolve their differences.
Louisiana has many factors that help a court determine primary custody of a child, and one of them is "moral fitness." In the past, a parent living with a person of the opposite sex in a sexual relationship would almost always disqualify that person from custody, and in some jurisdictions, a court will not allow physical custody if a party has overnight guests while the child is present. (In other words, no "sleep-overs" when the parent has physical custody of the child.
More recently, judges have been more flexible in allowing such arrangements, and some reported cases decline to disqualify a parent from custody on those grounds alone, and require that there is a showing of harm to the child in the living arrangement of the parent.
A person in this situation should contact a family lawyer to analyze all of the facts and help plan a course of action.See question
How do we get him out her saying 60 days evict him he is torment my daughter what can I do get him out her house she owns his name on nothing no bills no agrements were made
In Louisiana a person not responsible on a lease or rental arrangement, and not an owner is a "guest." A guest stays at the permission of the person to whom the residence belongs by right, and may be asked to leave at any time. If the person is told to leave and they do not, call the police. They may not remain after being forbidden to remain. If force or violence is threatened, a restraining order may be in order.See question
Marie is 15 years old and all her life she has been bounce around from her home to grandparents. Marie has been with me this time since October 2015, I have no legal rights and we need help.
In Louisiana, a grandparent who has had physical custody of a child for a period of time may be able to petition the court for custody or for adoption, depending upon the circumstances under which the child came into your home. In a custody case, a fifteen year old does have the right to inform the judge of their preference, and some judges will give that consideration more weight than others. The child's preference is only one factor among many in deciding the best interest of the child.
A non-parent has a difficult burden of proof in a contested custody hearing against a parent. You will need the advice and help of a skilled attorney to have your best chance.See question
I remarried 3 1/2 years ago. My new spouse has just about used all my saving $250,000 and was on my credit cards since I took him off last February he finally got a job but does not help with household bills because it's my house. I want to divor...
In Louisiana, permanent spousal support is a matter that can be altered or eliminated with a prenuptial agreement, so if a prenuptial agreement waives permanent support, that is enforceable. A prenuptial agreement can be used to make sure that the spouses are "separate" in property, such that property you owned prior to the marriage may be protected. You may also be entitled to a reimbursement for your separate funds that were spent for community purposes, such as spending your life savings on community things or bills by your new spouse. You should consult a family law attorney immediately.See question