Brett K. Duncan & Co.Brett K. Duncan & Co.2026-08-28T11:30:53Zhttps://www.brettkduncanlaw.com/feed/atom/WordPressOn Behalf of Brett K. Duncan & Co.<![CDATA[What if your co-parent keeps missing custody exchanges?]]>https://www.brettkduncanlaw.com/?p=491282026-08-28T11:30:53Z2026-08-28T11:30:53ZWhen your co-parent does not use scheduled time
Your child custody order sets the terms you and your co-parent must follow. If your co-parent does not use the custody or visitation time in that order, Louisiana law lets you ask the court to enforce it.
You do this by filing a rule to show cause. This asks the court to have your co-parent explain why they missed the scheduled time. If the court rules in your favor, it holds your co-parent in contempt and orders them to pay the costs and expenses required by law.
Your co-parent may avoid that result by showing that you both agreed to the change, something outside their control caused the missed time or another valid reason explains what happened.
How records show what happened
One missed pickup might have a simple explanation, such as an illness or another event outside your co-parent’s control. Several missed pickups, however, can show the court that the problem keeps happening.
Consider writing down the date and what happened after each missed exchange. You could also save texts or emails about the cancellation. Those records show when each event occurred and what explanation your co-parent gave.
Louisiana law says a willful and intentional pattern of violations without good cause may support a change to custody or visitation. That pattern does not guarantee a new order. The court still applies the rules that govern custody changes.
Keeping useful records
It might be best to keep your notes and messages together so you can easily review what happened. You may also want to compare those records with the exchange terms in your custody order. Having both in one place helps you assess your options if the dispute goes to court.]]>On Behalf of Brett K. Duncan & Co.<![CDATA[Should you consider a postnuptial agreement?]]>https://www.brettkduncanlaw.com/?p=491162026-07-21T15:16:26Z2026-07-31T15:11:29ZWhen life changes after marriage
Certain events can raise new questions about property, finances and long-term planning. Some common examples include:
Starting or buying a business during the marriage
Receiving an inheritance or valuable family property
Experiencing a substantial change in household income
Leaving a job to care for children or another family member
Raising a blended family with children from previous relationships
These changes do not automatically mean you need a postnuptial agreement. They can, however, prompt you and your spouse to decide how to handle certain assets, debts or financial responsibilities.
How a postnuptial agreement can help
A postnuptial agreement allows you and your spouse to put financial decisions into writing after your circumstances change. It gives you and your spouse an opportunity to decide together how to handle certain issues while you both agree.
Depending on your situation and what the law allows, a postnuptial agreement may address property ownership, responsibility for certain debts, business interests acquired during the marriage or financial obligations between spouses. State law sets requirements for these agreements, and whether one will be enforceable depends on the facts of each case.
When a postnuptial agreement may make sense for you
If your family or finances look different than they did when you married, it may be worth learning how a postnuptial agreement works. A new business, valuable property or changing family responsibilities can all influence how you and your spouse want to manage your financial affairs.
Knowing what a postnuptial agreement can and cannot do under state law can help you determine whether it fits your family's goals and plans for the future.]]>On Behalf of Brett K. Duncan & Co.<![CDATA[How to update a child support order in Louisiana]]>https://www.brettkduncanlaw.com/?p=491152026-06-30T06:18:19Z2026-06-30T06:18:19ZWhen can a parent update a child support order?
Louisiana law allows a parent to update a child support order if they can prove a “material change in circumstances” since the last order. Common reasons include:
Substantial change in income
Change in the child’s education or medical needs
Change in custody or visitation arrangements
Change in one parent’s family size
A serious health condition or disability of either parent or child
The court will not usually update a support order just because one parent is unhappy with the current amount. There must be a legal basis and evidence for the change.
How can a parent request a modification?
To update a child support order, a parent must file a request with the court that issued the original order. The process begins with preparing a petition or motion to modify child support. This filing should explain the changes and the reasons for adjusting the existing order.
Supporting documents are important. Pay stubs, tax returns, childcare receipts and other financial records may help show why an update is necessary. The court will use this information to determine whether a change is justified under Louisiana law.
The role of the Louisiana child support guidelines
Louisiana uses child support guidelines to help determine the proper support amount. When a parent requests a modification, the court may use the guidelines and the parents’ updated financial information to recalculate support. If the new calculation differs significantly from the current order, the judge may approve a revised amount.
If you believe your current support order no longer reflects your family’s situation, you can seek a modification. By understanding the legal process and consulting with a dedicated family law lawyer, you can file the paperwork without errors, efficiently gather evidence, protect your financial interests and request a change in your child support obligation with confidence.]]>On Behalf of Brett K. Duncan & Co.<![CDATA[When relatives raise a child: Understanding intrafamily adoption]]>https://www.brettkduncanlaw.com/?p=491102026-06-08T16:37:46Z2026-06-08T16:37:46ZWhy does intrafamily adoption come up in real life?
Intrafamily adoption often begins with a child already living in a relative’s home. When weeks turn into months, the unknowns may shape everything from school planning to bedtime routines. A child might hold back emotionally if they worry they will have to move again.
Over time, the situation may also affect everyday interactions outside the home. A longer-term plan may make your caregiving role easier to explain to the other adults in the child’s life. When you handle school and medical matters, people might ask who should sign forms or approve care. Clearer roles may reduce instances of those repeated conversations.
What could help before you formalize the plan?
Before you formalize an intrafamily adoption, it may help to get the adults on the same page. Conversations might go more smoothly when you keep the focus on the child’s stability and avoid putting them in the middle.
You may want to focus on a few practical areas where confusion tends to show up, such as:
Keeping routines predictable
Setting boundaries with extended family
Using age-appropriate language with the child
These pieces often support each other. Together, they may create a steadier home as you begin the adoption process.
Stability often starts with clarity
Adoption often matters most in the moments when a child wonders whether life feels settled. A child might ask, “Am I staying here for good?”, a question that often reflects the uncertainty intrafamily adoption discussions aim to lessen. When a child already relies on you, intrafamily adoption may match the legal relationship to the home you already provide.]]>On 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.]]>