Brett K. Duncan & Co.Brett K. Duncan & Co.2026-05-11T15:18:14Zhttps://www.brettkduncanlaw.com/feed/atom/WordPressOn Behalf of Brett K. Duncan & Co.<![CDATA[3 common pitfalls to avoid during a custody dispute in Louisiana]]>https://www.brettkduncanlaw.com/?p=491092026-05-11T15:18:14Z2026-05-11T15:18:14ZUsing your child as a messenger
When you ask your child to deliver messages about schedule changes, financial matters or legal issues, you could hurt them. This practice can cause emotional stress and could make your child feel responsible for your divorce.
Courts in Louisiana often look unfavorably on parents who involve their children in adult disputes. Judges recognize that this behavior may harm a child emotionally, which suggests poor judgment on your part. Instead, consider communicating directly with the other parent through text or e-mail. If direct communication proves difficult, consider working through attorneys or a mediator.
Ignoring your child's needs and preferences
When determining custody in Louisiana, the court's primary concern is generally your child’s best interests. Pushing for a custody arrangement that disrupts their routines, schools or important relationships has the potential to backfire.
As your child grows older, their preferences may also carry weight in custody decisions. Dismissing what they want or pressuring them to choose sides can damage your relationship and influence the court's view of your parenting. Consider listening to your child’s concerns and think about how proposed arrangements may affect their daily lives, friendships and activities.
Failing to maintain stability
Inconsistent parenting during a custody dispute could harm your case. Courts value stability and want to see that you can provide a safe, structured environment. Frequent moves, job changes or introducing your child to new romantic partners too quickly may raise concerns about your ability to offer consistency.
Instead, consider maintaining regular routines for your child, including consistent bedtimes, mealtimes and homework schedules. Stay involved in their education and activities. Try to demonstrate that you can provide the stable, nurturing environment your child needs to thrive and mature.
Protecting your child’s interests
Every decision you make during this custody dispute sends a message to both the court and your child. By keeping your child out of adult conflicts, respecting their needs and providing them a sense of stability, you can prove that you have your child’s safety and welfare in mind.]]>On Behalf of Brett K. Duncan & Co.<![CDATA[Child custody rights for unmarried parents in Louisiana]]>https://www.brettkduncanlaw.com/?p=491082026-04-16T08:44:04Z2026-04-16T08:44:04ZChild custody questions often come up when parents are not married in Louisiana. At first, the law does not treat both parents the same. This can affect who makes decisions and where the child lives. For many families, the first step is not custody itself but legal paternity. That step shapes everything that follows.
Where custody starts
Custody cases for unmarried parents usually begin with one key issue: legal recognition of the father. In Louisiana, the mother has custody by default at birth. The father must establish paternity before he can ask for custody or visitation rights.This can happen through a signed acknowledgment or a court order. Once paternity is in place, both parents stand on more equal ground in court. From there, custody becomes a question of what arrangement supports the child’s daily life.At this stage, timing and preparation matter. Filing the right documents early and confirming paternity without delay can help prevent gaps that affect custody requests later. Legal support can also help you avoid errors in paperwork that may slow down the process or weaken your position in court.
What courts weigh
Once paternity is established, Louisiana courts focus on one goal: the child’s best interests. Judges look at how each parent supports the child in real life, not just on paper.Courts often review how stable and involved each parent is:
Consistent home routines can show that the child has structure in daily life.
Active care like feeding, schooling and medical visits can show hands-on parenting.
Calm communication with the other parent can support a healthier environment for the child.
Safety issues like substance use or neglect can affect custody outcomes.
Financial support can show ability to meet basic needs.
All of these factors work together and courts do not pick one and ignore the rest. They look at the full parenting picture.
What stays with you
Custody cases for unmarried parents do not start in the courtroom alone. They often begin with legal paternity and move into a closer look at how each parent shows up in the child’s daily life. These steps shape how the court views stability and care over time.What often matters most is not a single moment or action, but the pattern a child experiences day after day.]]>On Behalf of Brett K. Duncan & Co.<![CDATA[What do courts consider when dividing property in a divorce?]]>https://www.brettkduncanlaw.com/?p=491032026-03-04T14:19:25Z2026-03-04T14:19:25ZKey factors that Louisiana courts use to help them divide property
In Louisiana, property is either community property or separate property. The former typically refers to properties you obtain during marriage. On the other hand, the latter can refer to properties you own before marriage, as well as gifts or inheritances given to one spouse.
After the court decides which property and debts are community property, it divides them by following the terms and guidelines under Louisiana Revised Statutes 9:2801. The judge can assign values, divide debts and use cash payments to make the split fair. Courts often focus on practical issues to help them determine what is fair. Such issues include:
When and how the asset or debt was acquired
Evidence proving separate property, like documents showing an inheritance
The value of major assets such as homes, businesses and retirement accounts
The division of community debts, including mortgages, credit cards and taxes
Bear in mind that fair splits are not always as simple as dividing properties in half. Louisiana usually tries to divide community property equally, but judges can make adjustments by assigning debts, valuing assets or ordering payments to make it more fair for each spouse.
Classifying and dividing property in a divorce
During a divorce, property division begins by classifying assets and debts as community or separate. The court then divides community property by considering key factors such as proof, value and timing. To claim separate property, keep clear records showing how you acquired and maintained it.
In Louisiana, shared assets like homes, businesses or retirement accounts can potentially lead to valuation disputes and cash payments to balance the split. With this in mind, the key to reducing conflicts, delays and costs is proper documentation and realistic settlement goals.]]>On Behalf of Brett K. Duncan & Co.<![CDATA[What happens if the other parent stops paying support?]]>https://www.brettkduncanlaw.com/?p=491022026-02-05T08:48:53Z2026-02-05T08:48:53ZThe court can enforce support through wage garnishment
Louisiana courts can pull unpaid support directly from the other parent’s paycheck. Once a support order exists, the judge can send a wage withholding notice straight to your ex’s employer, allowing payments to restart without another hearing. If they switch jobs, the order follows them, since enforcement doesn’t stop just because their employer changes.
Late payments can lead to license suspension and jail
If the other parent keeps missing payments, the state doesn’t wait around. It can suspend their driver’s license, block passport renewals or send overdue reports to credit agencies. These enforcement steps often come through Louisiana’s Department of Children and Family Services (DCFS), which handles most child support enforcement.
The DCFS doesn’t need the other parent’s permission to act, and once the case qualifies, they can start the process without going back to court.
You can file a contempt action through the family court
When a support order exists and payments stop, you can bring the matter back to court by filing a contempt motion. This gives the judge a chance to step in, impose fines, set up a payment schedule or review the other parent’s financial records to see whether they’re unwilling or truly unable to pay. If the court sees that they had the means but still refused, the consequences get steeper.
Take action early before things spiral
Every month of missed support adds more strain and less stability for your child. If you're dealing with unpaid support or need to set up an enforceable order, now’s the time to get help from a legal professional. You don’t have to let this snowball any further.]]>On Behalf of Brett K. Duncan & Co.<![CDATA[2 juvenile records questions parents often ask first]]>https://www.brettkduncanlaw.com/?p=491002026-01-08T12:50:54Z2026-01-08T12:49:46ZCan we see or get copies of our child’s juvenile record?
Louisiana law limits public access to juvenile court files. Still, you may qualify to review certain materials as a parent or legal guardian, especially when your child enters custody through the Office of Juvenile Justice. You may need to request access in writing, and you may need to contact more than one office. You may run into documents such as:
Incident reports tied to the referral
Youth court filings linked to hearings
Office of Juvenile Justice records about custody services
Each document may follow different access rules depending on its source and use.
Will a juvenile record show up on background checks and long-term?
You may have questions about school enrollment, college paperwork or early job screening. Louisiana law generally restricts juvenile “criminal conduct” information from appearing as a standard background check outside the criminal justice system.
Still, some agencies may access information under specific rules, and some situations may require a court order or a formal disclosure request. You may want to ask what type of check someone plans to run and which database that check uses.
Where attention often turns next
After a juvenile case begins, requests and questions may arrive from more than one direction. You may hear from a school, a court office or a state agency within a short period.
At that stage, understanding what records connect to the juvenile process can help you decide when to respond and when to pause. Clarifying those points early may give you more control as the case continues to unfold.]]>On Behalf of Brett K. Duncan & Co.<![CDATA[Dividing retirement accounts and pensions in divorce]]>https://www.brettkduncanlaw.com/?p=490902025-12-17T11:53:14Z2025-12-17T11:53:14ZCommunity property rules apply to retirement accounts
Louisiana follows community property rules under Louisiana Civil Code Article 2338. In most cases, assets gained during the marriage belong to both spouses. Retirement savings follow the same rules.
Contributions made during the marriage usually count as community property, even when only one spouse’s name appears on the account. Contributions made before the marriage remain separate. Inheritances and gifts also stay separate unless a spouse mixes them with marital funds.
These rules apply to most retirement plans, including 401(k)s, 403(b)s, IRAs, pension systems and certain government or military plans. The key issue is not who owns the account but when the funds were earned.
How Louisiana courts divide retirement accounts and pensions in divorce
Louisiana courts use a structured approach when dividing retirement accounts and pensions. While each case differs, judges usually work through several key steps. These steps help identify the community portion of each plan, set its value and apply community property law.
Classifying the account: Courts decide which portion of the account was earned during the marriage and which portion came before it.
Valuing the community share: Some accounts use statements to show value. Pensions often need actuarial review to estimate future benefits.
Applying the community property rules: Courts divide only the portion earned during the marriage. Premarital contributions remain separate.
Issuing court-approved orders: When needed, courts use Qualified Domestic Relations Orders or similar tools to complete the division.
Using time-based formulas for pensions: Courts compare years of service during the marriage to total years of service to find the community share.
These steps affect how retirement assets are divided and when benefits become available. Because retirement savings grow slowly, even small differences in value or timing can affect long-term financial stability.
Protecting your financial future
Retirement accounts often shape long-term financial stability. For that reason, it helps to understand how Louisiana’s property division laws apply before you make decisions in your divorce. Each plan follows its own rules and procedures, and even small choices can affect future income.
Taking time to understand how retirement savings and pensions fit into property division can bring clarity during an uncertain process. Looking beyond the immediate outcome and focusing on long-term impact can help create a clearer picture of life after divorce.]]>On Behalf of Brett K. Duncan & Co.<![CDATA[4 key documents to prove stability and care in a custody case]]>https://www.brettkduncanlaw.com/?p=490892025-11-12T07:50:17Z2025-11-12T07:50:17ZChild custody cases can feel stressful, and parents often worry about what is best for their child. One effective way to support your case is by collecting clear, organized records. These documents show your ability to provide stability, consistent care, and a safe, nurturing home where your child can thrive.
Here are four types of documentation to consider:
1. Proof of income
Financial stability is important in custody decisions, and courts review whether each parent can meet the child’s needs. Gather recent pay stubs, tax returns and any records of bonuses or extra income. Include statements for child support, government benefits or alimony if they apply. This documentation shows you can provide both daily care and long-term security for your child.
2. Evidence of caregiving
Courts value parents who are actively involved in their child’s life. Keep a log of daily routines, school events, doctor visits and extracurricular activities. Photos, calendars, emails or text messages can support your record. These documents show that your child benefits from consistent care and attention.
3. Proof of stability
A stable home matters for a child’s well-being. Collect rental or mortgage agreements, utility bills and proof of residence. Employment history, steady work schedules and letters from supervisors or neighbors can show reliability. Records showing your child’s regular routines at school or activities further highlight the consistency of your home environment.
4. Additional supportive documents
Medical records, vaccination records and school progress reports give a fuller view of your involvement. Letters from teachers, coaches or childcare providers can show your active role in supporting your child’s growth and daily needs.Courts look for consistency, reliability and hands-on involvement. Organizing these documents carefully shows the court your ability to provide a stable, caring home.
Bringing it all together
Every custody case is unique. Collecting the right documentation is an important first step, and consulting an experienced family law attorney helps ensure your records effectively support your case and your child’s well-being.]]>On Behalf of Brett K. Duncan & Co.<![CDATA[My child was arrested in Louisiana: 4 things parents need to know]]>https://www.brettkduncanlaw.com/?p=490662025-10-07T16:52:28Z2025-10-07T16:52:28ZLouisiana juvenile justice system, and for a parent, it is one of the most disorienting places you can find yourself.
Knowing what to expect is the first step in protecting your child's future. Here are four key things every parent should understand about this unique legal process.
1. Your child has the right to remain silent
Just like an adult, your child has the constitutional right to remain silent and not answer questions from law enforcement. It is critical that they understand this right. You should both wait to speak with an attorney before making any statements about what happened.
2. The first hearing is about custody, not guilt
If law enforcement holds your child after an arrest, their first court appearance is a continued custody hearing. The purpose of this hearing is not to determine if they are guilty. The judge will only decide if they can safely release your child to your custody while the case moves forward.
3. Diversion is often the primary goal
For many first-time juvenile offenders, the main objective is to avoid a formal court record. A “diversion” or an “informal adjustment agreement” allows a child to complete certain requirements, like counseling or community service. If they succeed, the court often dismisses the charges entirely.
4. The record can often be sealed
Protecting your child’s future opportunities is paramount. Even if there is a formal adjudication, a juvenile record does not have to follow your child forever. In many cases, the record can be sealed or expunged after a certain period, preventing it from appearing on background checks for college or jobs.
A guide through a complex system
Understanding these key aspects of the law can help you make better decisions for your child. The juvenile justice system is fast-moving and has its own distinct rules.
If your child is facing charges in Tangipahoa Parish, consider speaking with an experienced juvenile defense attorney. A lawyer can explain these steps in more detail and fight for the best possible result for your child.
]]>On Behalf of Brett K. Duncan & Co.<![CDATA[When can parents modify Louisiana custody orders?]]>https://www.brettkduncanlaw.com/?p=487922025-08-05T02:53:05Z2025-08-05T02:53:05ZModifications require a significant change in circumstances
Litigated custody proceedings require the review of family law judges. They familiarize themselves with family circumstances to ensure that the terms they set are in the best interests of the children. State law specifically states that neither a pending relocation nor a deployment of a service member parent meets the standard for custody modification.
The change must be significant when compared with the circumstances at the time of the creation of the original order. A significant change in household circumstances for either parent could alter what a judge views as being best for the children. New work schedules, changes in housing and new relationships can all influence the best way to manage shared custody.
When there has been a significant change in circumstances that influences what the children truly need, judges may agree to hear contested custody modification cases. Parents also have the option of working cooperatively to modify a custody order. If they can agree about the changes they need to make, they can jointly petition the courts for a faster uncontested modification.
Learning about the rules that govern child custody can help parents limit conflict and optimize their parental rights. Co-parents may occasionally need to revisit their custody orders to make sure that they fit their family's needs.]]>On Behalf of Brett K. Duncan & Co.<![CDATA[Alternative sentencing for young people in Louisiana]]>https://www.brettkduncanlaw.com/?p=487912025-07-22T19:22:39Z2025-07-22T19:22:39ZYoung people who come into contact with the justice system in Louisiana are often given options beyond jail. The aim is to correct behavior without causing long-term harm. Many of these alternatives focus on education, rehabilitation and second chances.
If your teen is facing charges, what alternative sentencing may be available?
Probation and community programs
Probation is one of the most common alternatives for juveniles. It allows the young person to remain at home under court supervision. They must follow rules, attend school and sometimes take part in programs like counseling, substance abuse treatment or community service. These measures are designed to address the root causes of the behavior.
Diversion and informal adjustment
In less serious cases, especially for first-time offenses, teens may be offered a diversion program. This can include attending workshops, completing service hours or writing apology letters. If they finish the program successfully, charges are often dropped. Informal adjustment works similarly and avoids the need for formal court proceedings.
Residential and treatment-focused options
For more serious cases, a court may order the young person to enter a residential program. These can be secure or non-secure, depending on the risk level. Facilities often provide education, therapy and skill-building. The goal is to help the teen return to society in a better position than when they entered.Louisiana law offers alternatives to jails, but outcomes often depend on the severity of the offense and the child’s history. Nonviolent and first-time offenses are more likely to result in rehabilitative sentencing. Violent crimes or repeated offenses may lead to harsher outcomes, including adult court in some cases.While the situation when a child is charged is serious, it does not necessarily mean jail time or a permanent record. Seek legal guidance to discover the best defense options in your circumstances. ]]>