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
we are in a covenant marriage, she filed for divorce, still havent received papers to sign. Though she had been unfaithful and found out that she and a friend from high school are in a relationship, she posted all about it on facebook so i have p...
In Louisiana, adultery is a ground for immediate divorce, whether in a covenant marriage or a traditional marriage. Adultery must be proven not only by the confession of the offending spouse alone, but also with corroborating circumstances or other evidence. You will more likely than not need an attorney to file and prove up an adultery divorce, as a hearing will be required and evidence presented in a proper fashion before the judge.See question
My now fiance wife filed for divorce in 2011 and never finalized it. They worked out the custody part already and that has been finalized and signed by judge. Now he wants to file the divorce since the one she filed is STALE. She is now living out...
In Louisiana an uncontested divorce under Art. 103 of the Civil Code should be fairly quick and painless if the parties have been separated for the requisite period of time. Assuming they separated in 2011, and never reconciled in the meantime, they have long surpassed the waiting period of one year (the waiting period for married parents of minor children). Making sure that the service is proper under the Long Arm statute and proving it up correctly are the only potential sticking points, provided your Defendant is not on active duty in the military.See question
Over a year ago I was placed on child support by my ex-wife because I have felt behind due to financial problems thus bringing me to my current situation. We have been divorced for over 4 years and the divorce papers that we signed at the notary o...
In Louisiana one's custody and visitation rights are dependent upon the order which has been signed that defines those rights. A visitation order at "the convenience" of one parent or another gives very little recourse for enforcement. Even a court order for "reasonable visitation" is often not sufficient to enforce a parent's right to see their child on a regular, ongoing and consistent basis.
A parent in this position should seek legal counsel to review their present custody order and determine precisely what rights are granted in the order, and then seek to modify the order to the extent that the visitation/custody schedule is not working, thereby depriving the child of the regular love, care and affection of the other parent.
Custody and visitation are not conditioned upon support, except to the extent that failure to pay support can be counted against a person who is not paying as a factor in determining custody. A parent who is unable to pay the child support assessed should seek to reduce the child support as soon as possible in order to avoid a massive judgment of arrearages, and possibly an order of contempt, which would increase the indebtedness by costs and attorney's fees. Ultimately a person who is in arrears may lose parental rights to a stepparent, so the issue of arrearages is very important. A person in this position should consult with an attorney immediately.See question
I have taken blood work during pregnancy for my child to prove to my ex, he is the father, He is threatening to have the child 7 and 7 and said that a lawyer told him, that I have to freeze 7 days of breastmilk for when the child is with him. I d...
In Louisiana there is not a clear cut legal answer to this question. Some judges are extremely devoted to the idea of 50-50 shared custody, even when a child is only a few months old. While the standard for child custody is the "best interest of the child," the consideration for the father's rights sometimes wins out. Experts in lactation and even "attachment theory," the theory about how children develop properly according to having strong "attachments," favor breastfeeding at will by the child for at least a year, which rules out overnights for a year. There is presently no Louisiana court appellate ruling exactly on this point.
You should immediately consult with an experienced family law attorney to assist you in this situation.See question