Change Child Custody Court

Summary

To move a child custody case from juvenile to family court in Rapides Parish, Louisiana, consult a family law attorney, file a motion to transfer jurisdiction, notify the other party, and attend a hearing. If you lack legal representation, seek assistance from local legal aid services or law school clinics. Filing a Motion to Modify Child Custody Order or Motion for Modification of Custody Order can help include law enforcement involvement. Always consult with legal professionals for guidance and ensure all relevant information is included in your motions.

Full Conversation

How do I get my child custody case changed from juvenile court to family court with a already considered custody order in place
Hello ****It's important to know which jurisdiction you're in as the procedure can vary. Also, do you have legal representation for this matter?
Rapides Parish, Louisiana
Hello ****Here's a general overview:
*. Consult with a family law attorney.
*. File a motion in family court to modify the custody order.
*. Notify the other party.
*. Attend a hearing.
Please contact Rapides Parish Clerk of Court at (*) *-* for more detailed procedure.
I don’t have an attorney
I understand, ****Would you like help finding legal aid services in Rapides Parish, Louisiana that could assist you in this matter?
Yes, Legal Aid, pro bono, anything that you can do sliding scales Laywers
Sure, ****Here are some resources in Rapides Parish, Louisiana:
*. Central Louisiana Pro Bono Project: (*) *-*
*. Acadiana Legal Service Corporation: (*) *-*
*. Louisiana Civil Justice Center: (*) *-*
You can contact them for free or low-cost legal assistance.
Are there any other individual attorneys or any other resources I can use to help myself I’ve been fighting this for five years and spent around $*,* already and I’m tapped out on Funds
I understand your situation, ****You can also consider law school clinics in Louisiana that often offer free legal services. One such is LSU Law Civil Mediation Clinic: (*) *-*. Self-help resources are available at Louisiana Law Help website.
Self-help resources what if I have a child’s father who’s in contempt and he’s keeping my child and her judgment it says that he’s supposed to return them every week plus right now I’m supposed to have them for Mother’s Day and he is in contempt of court for several other reasons, I have filed a motion for Contempt, order for enforcement, and a motion to what else can I do because nothing has been answered and it’s been two weeks
Hello ****You've taken the right steps by filing for contempt and order of enforcement. You can also consider contacting local law enforcement if your child is not returned as per the court order. Please ensure to have a copy of the custody order with you.
It says that we cannot contact law-enforcement at the bottom of the order
I see, ****That's a tricky situation. Have you considered requesting an amendment to the order that would allow law enforcement involvement in such cases? This might require a separate motion but could be beneficial in your situation.
If I’ve already been an amendment, but It didn’t have that as a stipulation what can I do?
Hello Lindsey, you can file a new motion to modify the order to include law enforcement involvement. Consult with a legal aid service or attorney for guidance. Make sure to present all relevant evidence.
Don’t need to do an amendment or Don just need to follow us another motion or a second motion
You can file a new motion for modification without necessarily amending the existing order. This motion will request the court to include law enforcement involvement. Always consult with legal professionals for guidance.
What’s the name of the motion gonna be called?
The motion you would file is generally known as a "Motion to Modify Child Custody Order" or "Motion for Modification of Custody Order." Please consult with a legal professional to ensure proper procedure.
Do I need to include everything that I included on the first motion?
Yes, ****It's generally advisable to include all pertinent information that was in the first motion. However, emphasize new facts or changes that justify your request for modification. Always seek legal advice before proceeding.
If I’m a self representative, do I still need to seek advice?
Yes, ****Even as a self-representative, it's beneficial to seek legal advice to ensure you're following the correct procedures and presenting your case effectively. Legal aid services and law clinics can provide this assistance.
Does an attorney have to sign off on certain motions?
Yes, ****In some cases, an attorney's signature may be required on certain motions, particularly when they are representing you. However, if you are self-representing, you would sign off on the motions yourself. Always double-check with a legal professional or court clerk for specific rules in your jurisdiction.
What if I had an attorney that wasn’t doing anything and I had to do something therefore I filed motions and didn’t put his name on there although I sent them myself because I had no other options considering that my child is being neglected
I understand your situation, ****Have you formally terminated your attorney's services or is he still officially your attorney? This is important for the court to know who is managing your case.
He’s still officially my attorney
Lindsey, if he's still officially your attorney, his name should be on the motions. However, it's important to communicate with him about your concerns. If you feel that your attorney is not representing your interests, you can consider terminating his services and representing yourself or appointing a new attorney.
So what happens to the motions if I filed them and I didn’t put my attorney name on them
If you filed the motions without your attorney's name, they may still be valid. However, it might confuse the court as to who is representing you. It's advisable to clarify this with the court clerk or get legal advice.
So if I just tell my attorney about the motions, then he resubmit them or just put his name on them or what happens next
Your attorney can review the motions you've submitted and either resubmit them or add his name to them, if required. It's crucial to maintain open communication with him about any actions you've taken on your own.
I just don’t feel that he’s being timely about it, and I need him to be in court to represent me as that I can handle the case
I understand your concerns, ****If you're not satisfied with your attorney's performance, you can terminate his services. You can then either represent yourself or hire a new attorney. Remember to communicate your decision in writing to your current attorney.
OK, so how do I get it moved from juvenile court to family court
To move your case from juvenile to family court in Rapides Parish, Louisiana:
*. Consult with a family law attorney.
*. File a motion in family court requesting transfer of your case.
*. Notify the other party.
*. Attend a hearing.
Contact Rapides Parish Clerk of Court at (*) *-* for the detailed procedure.
What’s the name of the motion that you fell in family court?
The motion you would file is typically called a "Motion to Transfer Jurisdiction" or "Motion to Change Venue". Please confirm with a legal professional or court clerk in your jurisdiction.
Are there any other suggestions that you have that I can follow in order to get the process moving to get my son home?
Sure, ****Here are some general tips to expedite the process:
*. Stay organized: Keep all documents, emails, and records related to your case.
*. Communication: Maintain open communication with your attorney.
*. Be proactive: Follow up on your motions and court proceedings regularly.
*. Prepare for hearings: Familiarize yourself with court procedures to present your case effectively.
(Are) is there any more documents that I can file?
Yes, ****You may also consider filing an "Affidavit of Facts" to support your motion, detailing the reasons for the requested change. However, always consult with a legal professional or court clerk before filing any documents.
What about an ex parte or writ of Habeas corpus?
An "Ex Parte" order can provide immediate temporary relief. A "Writ of Habeas Corpus" might be used when a child is unlawfully held. Consult with a legal professional to see if these apply to your situation.
The father much I was supposed to return my child five weeks ago, so yes, he is being unlawful held because the order says that he should have returned him
I see, ****In this case, you may consider filing a "Writ of Habeas Corpus". It's a legal action that requires a person who is unlawfully detaining another to bring the person before a court. Please consult with a legal professional for guidance.
What all does this consist of?
Filing a "Writ of Habeas Corpus" generally involves these steps:
*. Drafting the writ detailing the unlawful detention.
*. Filing the writ in the court.
*. Serving the writ to the person detaining your child.
*. Attending a court hearing.
Please consult with a legal professional for precise guidance.
Is it different for juvenile court?
Yes, ****The process for a "Writ of Habeas Corpus" can differ in juvenile court, particularly due to the involvement of child welfare agencies. It's important to consult with a legal professional familiar with juvenile law in your jurisdiction.
There’s no child welfare agencies involved
I see, ****In that case, the process may be similar to that in family court. Still, it's crucial to consult with a legal professional who understands your jurisdiction's rules. Do you need any additional guidance or information?
So I need to file for Affidavit Of facts and a writ? What does an affidavit containing?
An Affidavit of Facts generally contains:
*. Your personal information.
*. Detailed factual statements relevant to your case.
*. Your signature and date.
*. A notary's signature and seal.
It's advisable to consult with a legal professional when drafting this document.
Can you be more specific?
Certainly, ****An Affidavit of Facts should detail the events or circumstances that support your case. It may include dates, locations, what was said or done, and any witnesses. It should stick to facts, not opinions or arguments. It's important to consult with a legal professional for guidance on this.
understood, one last question they have enforced an order for emergency custody immediately
Lindsey, could you clarify who "they" are in your statement? Also, did you receive an official notice or order regarding this emergency custody?
They is meeting the courts or the judge
Thank you for the clarification, ****Did the court or judge issue an order for emergency custody, and if so, does this order affect the current custody of your child?
I wrote up an order and I filed it
I see, ****To ensure I understand properly, is the emergency custody order you drafted and filed approved and currently in effect by the court?
No, I drafted it and I filed it. I don’t know if it’s been approved or currently effect when should have been approved and when should it have gone into effect and when should I have found out these things?
Lindsey, it's important to follow up with the court clerk to check on the status of your filed order. Approval times can differ based on the court's workload and the nature of the case. Have you reached out to the court clerk's office to inquire about it?
Yes, I have. They told me to attach a blank order to it and she sent it up Friday afternoon, but she did not hear back before the workday was over.
I understand, ****You've taken the right steps. Court processing times can vary greatly. I recommend you continue following up with the court clerk regularly. In the meantime, do you have any more questions about your situation?