My 9 year old daughter was taken by CPS from her father, he tested positive for cocaine and had her on vivance and adderal 40mg. Her father also received a DWI on December 17th. I filed an emergency temporary custody order there is an ex parte he...
Yes. The area of child custody law is complex and the Judge is not there to try your case. Some people might think that just because they have an order giving them custody that they will automatically win. That's simply not the case. You should expect to have a trial on the issues contained in the motion for ex parte and be prepared to present witnesses and evidence.See question
I own the house. He has no financial rights to the house. I pay all the bills. The only caveat is when we moved into this house that I bought, we were living in a condo where I was the sole tenant, he asked to have his named added to the power bil...
If the home is in your name and you own it solely then your boyfriend has no rights over the home. I am presuming he might use the fact he is on the power bill as some type of right to stay. All that makes him liable for is the bill if it doesn't get paid. Once you evict him (or better yet prior to) I would make a call to the power company and inform them of that fact so he can't try and turn your power off out of spite.See question
Got a call from my 3rd son that i needed to come and get him from his dad because he had chocked him went there and ask what was goin on the dad stated that the child does not want to listen and he is aggravateing so he allowed he to leave with my...
I'm assuming that you have custody order in place. You would need to go back to that original custody order so whatever parish that is in you have to deal with that first. If you are in another parish you could ask that the case be transferred to the parish you now live in. In any event you then file for a a modification of custody that raises the important events that have occurred since the last time you have been to court. You would then need to obtain a court date, have your ex served, prepare for court and then attend court. The judge would then rule on the modification either in your favor or against you.See question
I have one month lef ton my probation. What should be my next step? I 'm in the healthcare field and this is hendering mr from grtting a job.
You should inquire about getting the matter expunged. Sometimes when a plea is entered the attorney and/or client does not take advantage of the expungement article. If this occurs then the case can be "reopened" to give the benefit of the pertient article. An expungement is expensive with the filing fee alone being approximately $600. However having the matter properly expunged should allow you to pass any background checks.See question
my son is 13 years old now. As soon as my sons summer began, he visited his father his first weekend of the summer two months ago and has not stayed but two nights overnight with me. My son has several county fairs during his summer due to his cat...
In Louisiana, a Judge looks at the Article 134 factors in determining the best interest of the child and in awarding custody. One of those factors is the child's preference if the court determines that he is of sufficient age to make that decision. Usually a 13 year old is of sufficient age. So if you were in Louisiana, it would be only be one factor. The answer to your second question would be yes. If your child is no longer living with you and living with the other parent who is paying child support, they can request a cancellation of that child support order. In other words, if you want child support, you need to have the child.See question
We were engaged when i cheated.
I don't think that it would matter. With the child still being an infant when the custody litigation I believe you would have the upper hand as its rare to give full custody of an infant to a father. The only way that I could see the infidelity being used is if the person you were with had a drug or violent history.See question
The mother was charged with 2nd degree felony battery. If the mother is not found guilty she may persue custody. If guilty her rights will be terminated. I just wondereing the pro's and con's of attending court. I dont want to make matters wor...
I would attend court. If you have custody of your granddaughter you might be called as a witness. Many times an assistant district attorney reduces or dismisses a case if there is no opposition by the victim. You being present would show concern and gives a face to the victim. Additionally if the case is dismissed or charge reduced then the mother would probably seek custody from you.See question
About 6 months ago I filled out child support papers for my son's father. Over th epast months we have worked everything out and we are both doing our part. Do we have to still attend court or can this matter be quashed out of court?
Yes. A subpoena an order from the court making it mandatory that you attend. Failure to attend could result in contempt which includes you being fined and jailed. If you have things worked out you should attend and let the judge know of this fact.See question