[LA] How can I lift a child support hold to get a provisional license for work?

LA Family Law

Ray

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Based on your situation, there are several legal arguments and considerations in family law that could potentially support your case.

Best interests of the child. In custody cases, the primary consideration is always the best interests of the child. This includes factors like the child’s age, health, emotional ties to each parent, and the parents’ ability to care for the child. (LA Civ Code Art. 131)

Legal custody versus physical custody. Legal custody refers to the right to make important decisions about the child’s life, such as education and healthcare, while physical custody pertains to where the child lives.

Joint versus sole custody. Joint custody means both parents share decision-making responsibilities, whereas sole custody grants one parent full responsibility. (LA Civ Code Art. 132)

Parental rights and responsibilities. Both parents have rights and responsibilities towards their child, which can include visitation rights, financial support, and involvement in the child’s upbringing.

Let us break it down into manageable steps:

Understand your rights and responsibilities. Familiarize yourself with the basic concepts of custody, such as legal versus physical custody and joint versus sole custody. This will help you understand what you are aiming for.
Gather information. Collect any relevant documents that might support your case, such as birth certificates, school records, or medical records. These can be important in demonstrating your involvement in your child’s life.
Consider mediation. Before going to court, consider mediation as a way to reach an agreement with the other parent. It is often less stressful and can be quicker than a court battle. (LA Rev Stat § 9:332)
Consult a family lawyer. It might be beneficial to consult with a family lawyer who can provide specific advice based on your situation and help you understand the legal process in your area.
File a custody petition. If mediation does not work, you may need to file a petition for custody in family court. A lawyer can assist you with this process to ensure all paperwork is correctly completed.
Prepare for court. If your case goes to court, be prepared to present evidence and possibly testify about why your proposed custody arrangement is in the best interest of your child.

Please let me know if you have further questions.

Louisiana Custody (Parenting) Plan

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I would like a family law call.

Lexi, Chatbot

I understand that you're seeking assistance with family law matters, which can be quite challenging. What specific issue are you facing that you would like to discuss?

Specifically custody.

Lexi, Chatbot

Have you already taken any steps or actions regarding this issue, such as filing documents or seeking mediation?

No.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your custody issue.

I don't know where to start.

Ray

Hey there! I'm Ray, an attorney with many years of experience. I understand you're dealing with a custody situation and are unsure where to start. Could you share more about your specific concerns or any questions you have?

The situation is I've been paying child support for the last 10 years, but the father did not let me see or talk to them. I'm trying to get the child support hold lifted in Louisiana so I can get a provisional license to work in Michigan.

There's a ton more to it, but that’s the synopsis. And by my knowledge, he only has PHYSICAL custody, not actual LEGAL custody.

Ray

Thanks for sharing more details. It sounds like a challenging situation. Have you tried to settle with child support? That would allow you to get the license suspension lifted.

I've got an appointment with LA child support, was just wondering how I approach it with the case worker.

Ray

Honestly, you would have to agree to a repayment agreement to get them to lift the suspension. I mean you have to understand child support amounts to a collection agency. They aren't going to change custody, they might negotiate a bit on the amount of the arrears.

Also understand that. I've been screwed in this whole entire situation for 10 years now, my oldest son died in September and I have to at least be able to work to pay any agreement they allow me to do.

Ray

I'm really sorry to hear about your situation and the loss of your son. It sounds incredibly tough, and it's understandable that you want to resolve this so you can work and move forward. When you meet with the case worker, explain your situation clearly and express your willingness to work out a payment plan. Let them know how important it is for you to have your license reinstated so you can continue working and supporting your family. If you need more specific advice or have any other questions, feel free to ask. I'm here to help.

So basically, get the hold lifted with LA child support, then approach the license?

Ray

Based on your situation, there are several legal arguments and considerations in family law that could potentially support your case.

Joint versus sole custody. Joint custody means both parents share decision-making responsibilities, whereas sole custody grants one parent full responsibility. (LA Civ Code Art. 132)

Let us break it down into manageable steps:

Understand your rights and responsibilities. Familiarize yourself with the basic concepts of custody, such as legal versus physical custody and joint versus sole custody. This will help you understand what you are aiming for.
Gather information. Collect any relevant documents that might support your case, such as birth certificates, school records, or medical records. These can be important in demonstrating your involvement in your child’s life.
Consider mediation. Before going to court, consider mediation as a way to reach an agreement with the other parent. It is often less stressful and can be quicker than a court battle. (LA Rev Stat § 9:332)
Consult a family lawyer. It might be beneficial to consult with a family lawyer who can provide specific advice based on your situation and help you understand the legal process in your area.
File a custody petition. If mediation does not work, you may need to file a petition for custody in family court. A lawyer can assist you with this process to ensure all paperwork is correctly completed.
Prepare for court. If your case goes to court, be prepared to present evidence and possibly testify about why your proposed custody arrangement is in the best interest of your child.

Please let me know if you have further questions.

Ray

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