Douglas C. Dominick, Attorney at Law

How does Louisiana determine child custody cases?

2026-01-22T20:20:06Z

Deciding where your children will live after a separation is often the most emotional part of any divorce. You want what is best for their future, but the legal process can be disorienting and stressful. Louisiana law prioritizes the child’s well-being above all else. Understanding how family courts handle these transitions helps you stay focused on your family’s stability.

Different types of custody

Louisiana law begins with a strong presumption that joint custody is in the child's best interest, which ensures both parents remain active in the child's life. In most joint custody cases, the court appoints a "domiciliary parent." While this parent has the authority to make decisions about the child’s daily life, major decisions remain subject to judicial review if the other parent disagrees. Louisiana custody arrangements generally fall into these categories:

Joint custody: This is the most common arrangement, in which parents share the responsibilities of raising their children.
Physical custody: The actual schedule of when the child is with each parent; Louisiana law encourages equal sharing of this time whenever feasible and in the child's best interests.
Sole custody: Courts grant this only if clear and convincing evidence shows that joint custody would not be in the child's best interest.

Courts require a detailed "Joint Custody Implementation Order" (often called a parenting plan) to outline holiday schedules and communication rules. The document acts as a roadmap to reduce future conflict and provide your children with a sense of security.

What does ‘best interest’ mean?

Judges use the "best interest of the child" standard to make final rulings. Under the Louisiana Civil Code, the court considers several factors to determine the best environment for your family. They look at the emotional ties between you and your child, as well as each parent's ability to provide food, clothing and medical care. The court also considers:

The stability and continuity of each parent’s home environment
The mental and physical health of everyone involved
The reasonable preference of the child, if the judge believes they are of sufficient age to express one
The willingness of each parent to facilitate a close and continuing relationship between the child and the other parent

These factors are not a simple checklist; the judge weighs them based on your family's unique circumstances. The ultimate goal is to maintain as much stability as possible during this difficult transition.

Why is having a child custody lawyer vital?

A skilled attorney helps you draft a parenting plan that reflects your family's specific needs while meeting strict state requirements, protecting your parental rights and your child's future. You do not have to face these complex legal hurdles by yourself. Contact [nap_names id="FIRM-NAME-1"] today for your family law matter. Call the firm at [nap_phone id="LOCAL-CT-NUMBER-2"] or fill out the online form to schedule a consultation.

Four important steps when working through the probate process in Louisiana

2026-01-21T17:50:34Z

Probate is a legal process that transfers assets, confirms heirs, pays valid debts, then places property into the correct hands after someone dies. The process is different in each state. In Louisiana, the process can even vary by parish. Having a basic understanding of each step can help to reduce delays and cost while also mitigating the risk of any legal disputes. The following four steps can help you begin this journey.

Step 1: Determine whether you need to move forward with succession

Not every asset transfers through the probate process. Also known as succession in Louisiana, certain assets transfer outside of court through beneficiary designations or payable on death arrangements. Other assets, however, often require distribution through the probate or succession process, especially immovable property such as land or a home.

Step 2: Identify the correct court and parties

You can typically open succession in the parish where the decedent was domiciled. The petition generally requests appointment of an administrator or confirmation of an executor if a will exists. The court will require proper notices, proof of death, and supporting documents.

Step 3: Prepare for Louisiana-specific property rules

Louisiana community property rules shape what belongs to the estate versus the surviving spouse. These rules can change who receives what, when, and how. An important example that is unique in Louisiana is the concept of usufruct. In Louisiana, this refers to one person inheriting the right to use property during their lifetime, known as the usufructuary. A common example is a home. A person may retain the right to use the home but, at their death, another person may automatically receive ownership of the property. The person who ultimately receives ownership is known as the naked owner. Executors should tread this portion of the process carefully as the rules that guide this process are complex and often change.

Step 4: Inventory, pay debts, then transfer title

The succession representative identifies assets, obtains valuations when needed, then collects estate property. The executor will need to pay the estate’s valid debts, taxes and administrative expenses from estate funds subject to legal priority rules. Louisiana probate demands careful attention to community property, succession procedure and title requirements. Missteps can trigger disputes, creditor challenges and costly corrections. For guidance tailored to your situation, contact Douglas C. Dominick, Attorney At Law, to discuss the next steps for your Louisiana succession and protect your legal position. Contact us today to schedule a consultation by clicking here or calling 318-383-3168.

Dangers of Posting About Your Divorce on Social Media

2025-11-04T22:48:38Z

Going through a divorce is a deeply personal and often challenging experience. It’s natural to want to share your feelings and updates with friends and family, and social media can seem like an easy way to do that. However, what you post online during this sensitive time can have significant, and often negative, consequences. Before you share that status update or photo, it’s important to understand the risks.

Legal Implications of Social Media Posts

One of the biggest dangers of posting about your divorce is the potential for your words to be used against you in court. Family law judges can and do consider evidence from social media platforms when making decisions about child custody, visitation, and spousal support. A post complaining about your ex-spouse, pictures from a night out with friends, or comments about a new purchase could be misinterpreted and used to paint you in a negative light. Even seemingly innocent posts can be twisted to suggest you are an irresponsible parent or financially reckless.

Emotional and Privacy Concerns

Beyond the legal risks, sharing details about your divorce online can take an emotional toll. Publicly discussing your separation can invite unwanted opinions and advice from people who don't know the full story. This can add stress to an already difficult situation. It also opens you and your family, especially your children, to a loss of privacy. Your children may see posts that are hurtful or confusing, impacting their ability to cope with the changes in their family.

Protect Yourself During Your Divorce

The best course of action is to refrain from posting anything about your divorce on social media. It is wise to adjust your privacy settings and be mindful of what friends are tagging you in. Remember that even deleted posts can often be recovered. Protecting your legal interests and personal well-being should be your top priority.

Navigating a divorce requires careful guidance. If you are considering or currently going through a divorce in Louisiana, it is essential to have an experienced attorney on your side. We can help you understand your rights and protect your future. For knowledgeable and compassionate legal advice, contact us today through our contact form or call us at [nap_phone id="LOCAL-CT-NUMBER-1"] to schedule a consultation.

5 Things You Should Include in a Will

2025-08-11T14:37:47Z

Creating a will is a vital step in planning your estate and ensuring your wishes are carried out after your passing. A well-crafted will provides clarity, reduces family disputes, and protects your legacy. While many assume they can rely on DIY forms, working with a knowledgeable attorney ensures your will is legally sound and comprehensive. Here are five essential elements that should always be included in your will:

1. Your Beneficiaries

Your will should clearly specify who will receive your assets, whether it’s family, friends, or charitable organizations. Without this clarity, state laws will determine how your estate is distributed, which may not align with your intentions. Ensure your beneficiaries are named explicitly to avoid ambiguity or legal challenges.

2. Executor for Your Estate

The executor is responsible for managing your estate, carrying out your wishes, and ensuring all legal and financial matters are handled properly. Choose someone trustworthy, capable, and willing to take on this responsibility. You can also specify an alternate executor in case your first choice cannot serve.

3. Guardians for Minor Children

If you have children under 18, your will should designate a guardian who will care for them in the event of your passing. This is one of the most critical decisions parents can make, as it ensures your children are raised by someone who shares your values and priorities.

4. Specific Bequests

Include detailed instructions for any items of sentimental or monetary value you want to leave to specific individuals. This might include family heirlooms, jewelry, vehicles, or other personal belongings. Listing these bequests prevents confusion and potential disputes among your loved ones.

5. Contingency Plans

Life is unpredictable, and it’s wise to include backup plans within your will. For example, appoint secondary beneficiaries or alternate guardians in case your primary choices are unable to fulfill their roles. This ensures your wishes are honored no matter what circumstances arise.

Drafting a will can feel overwhelming, but you don’t have to do it alone. At [nap_names id="FIRM-NAME-1"], we’re here to guide you through the process, tailoring your will to meet Louisiana’s legal requirements and your unique needs. Contact us today to schedule a consultation by clicking here or calling [nap_phone id="LOCAL-CT-NUMBER-2"]. Make the proactive decision to protect your loved ones and your future.

5 Common Estate Planning Myths Debunked

2025-08-11T14:40:28Z

Estate planning is an essential step in securing your future and protecting your loved ones. However, misconceptions about the process often cause people to delay or avoid it altogether. Below, we’ve debunked five common estate planning myths to help you make informed decisions.

1. Myth: Estate Planning Is Only for the Wealthy

Fact: Estate planning isn’t just for millionaires. No matter the size of your estate, planning ensures that your assets are distributed according to your wishes. It also helps prevent legal complications and ensures your loved ones are taken care of, regardless of your net worth.

2. Myth: A Will Covers Everything

Fact: While a will is an essential component of estate planning, it doesn’t cover everything. For instance, assets like life insurance policies or retirement accounts pass directly to named beneficiaries. Comprehensive planning may involve documents like trusts, powers of attorney, and advanced healthcare directives.

3. Myth: It’s Something You Can Put Off Until Later

Fact: Life is unpredictable, and postponing your estate plan could leave your family unprotected in the event of an emergency. Estate planning isn’t a one-time task either—it’s a process that should evolve with significant life changes, such as marriage, the birth of a child, or retirement.

4. Myth: A DIY Online Form Is Sufficient

Fact: While online templates may seem cost-effective, they often lead to costly errors or omissions that could create problems down the road. Consulting an experienced estate planning attorney ensures your documents comply with Louisiana laws and reflect your unique situation.

5. Myth: Once It’s Done, You Don’t Need to Revisit It

Fact: Your estate plan should be reviewed periodically to ensure it aligns with changes in your life, financial situation, and legal requirements. Failing to update it could result in outcomes that don’t reflect your current wishes.

Estate planning is about more than just documents; it’s about peace of mind. At [nap_names id="FIRM-NAME-1"], we’re here to guide you every step of the way. Contact us today to schedule a consultation by filling our contact form or calling us at [nap_phone id="LOCAL-CT-NUMBER-2"].

Demystifying ancillary probate

2025-05-12T19:26:37Z

Ancillary probate is a secondary probate process that may be necessary if a deceased person owned property in a state other than their home state. While regular probate handles the distribution of assets within the decedent's home state, ancillary probate deals with assets located elsewhere. Ancillary probate is often used, for example, if a Florida resident owns a second home in North Carolina or a Texas resident has mineral rights in Oklahoma. In both cases, ancillary probate helps to better ensure proper legal transfer of these assets according to the respective state laws.

Why is ancillary probate necessary?

Ancillary probate becomes necessary when:

A person owns real estate or tangible property in a different state.
State laws require local probate for property within their jurisdiction.

Without ancillary probate, transferring ownership of out-of-state assets can be legally challenging and may lead to disputes among beneficiaries.

How are ancillary probate and regular probate different?

Regular probate involves validating the will, settling debts, and distributing assets within the decedent's home state. Ancillary probate, however, focuses on assets located in other states, requiring adherence to local laws and procedures.

How can I avoid ancillary probate?

Avoiding ancillary probate can save time and reduce legal expenses. Consider these strategies:

Establish a revocable living trust to hold out-of-state property.
Jointly title property with rights of survivorship.
Use transfer-on-death deeds where applicable.

These methods streamline asset transfer and minimize the need for ancillary probate.

What if I do not address ancillary probate?

Failing to address ancillary probate can lead to delays in asset distribution to beneficiaries, increased legal expenses due to multiple probate proceedings, and potential disputes among heirs over property rights. Proper planning mitigates these risks and ensures a smoother transition of assets. Those with an estate that include out-of-state assets are wise to take steps to plan for the transfer of these assets. Proper planning and legal guidance can prevent complications and ensure a seamless asset transfer. Contact us today to discuss your estate planning needs.

Why you should have a power of attorney

2024-12-27T20:02:19Z

In the realm of estate planning, a Power of Attorney (POA) is a vital tool that everyone should consider--regardless of their age or financial status. A POA is a legal document that allows you to designate someone you trust to make decisions on your behalf in the event you become incapacitated or unable to manage your affairs. Why is it so important to have a Power of Attorney?

A power of attorney ensures that your wishes are honored, empowering the agent (your POA) to make financial, legal and healthcare decisions according to your preferences. This means that if you cannot express your wishes, your agent can act in your best interest.
Without a POA, family members may disagree on how you handle your affairs during a crisis. By appointing one person --your agent-- to act on your behalf, you avoid the potential problems that could happen within your family.
When you have a POA you can avoid having to go through the courts, which is a lengthy and expensive process. In addition, a POA is flexible, allowing you to tailor it to your specific needs.
Lastly but not less important is that having a POA gives you peace of mind, knowing someone is there for you if anything happens to you and you need someone to act on your behalf and for your best interests.

In Louisiana, creating a Power of Attorney is a straightforward process. However, you want to make sure you have the counsel of your attorney. This will ensure that the legal document is valid and that you have the peace of mind you deserve.

How to ask your parents if they have a will

2024-09-17T19:25:38Z

Discussing estate planning with your parents can seem daunting. It can be a delicate and uncomfortable conversation. However, adult children must know if their parents have a plan and whether it is up-to-date. Here are some tips on how to approach them in a way that is respectful and helpful.

Find the right time and place

The time and place you approach the subject are essential for estate planning. The subject can be touchy, and some parents do not want to discuss something that makes them think of death. Choosing a private setting where your parents feel relaxed and a time when they are not busy or supposed to be somewhere else are ways of making them feel more comfortable.

Empathy and respect

When you approach the subject, consider your parents' emotions and express care and concern for them. Expressing empathy is vital to having an honest, transparent conversation. Let them know that you want to ensure their wishes are honored.

Personal experience

It may help to mention that you are considering creating or recently updating an estate plan. Many people have an old will stored at home but never update it, which can be as bad as not having one. An updated estate plan that reflects your current circumstances and wishes is essential. You can also use a current event related to estate planning in the news or media to help ease into the conversation.

Importance of estate planning

Emphasize the importance of having an updated will and estate plan in place and how it can give them peace of mind, reduce potential conflict among beneficiaries and clear up any misunderstandings about their intentions.

Offer to help them

If your parents need help with estate planning, whether creating a will or estate plan or revising an existing document, offer to help them. Offer to help them find an experienced estate planning attorney to gather the necessary information and ensure their documents comply with state and local laws.

Navigating Louisiana’s inheritance laws: A guide to probate and succession

2024-06-30T20:05:49Z

In life's inevitable transitions, planning for the future is crucial. This includes ensuring your loved ones are taken care of after you're gone. Louisiana, with its unique legal system, has specific inheritance laws that differ from other states. Understanding these laws, known as probate and succession, is essential for ensuring your wishes are carried out smoothly and to avoid potential conflict among your heirs. Here's what you should know about Louisiana's probate and succession laws.

Intestate vs. Testate succession

Intestate succession: If you die without a will, the state determines how your assets are distributed according to Louisiana's intestate succession laws. These laws prioritize spouses, children and descendants, followed by parents, siblings and other relatives. The order of inheritance and the amount each beneficiary receives are predetermined by law, which might not align with your wishes.
Testate succession: Creating a will allows you to have greater control over how your assets are distributed after your death. You can name beneficiaries, specify the amount they receive and even appoint a guardian for minor children. A well-drafted will minimizes confusion and potential disputes among your heirs.

Understanding community property and separate property

Community property: Louisiana is a community property state. This means all assets acquired during the marriage belong to both spouses equally. Any debts incurred during the marriage are also considered community debts. There are some exceptions, such as inheritances received by one spouse individually.
Separate property: Assets acquired before the marriage, or through inheritance or gift after marriage, are considered separate property. These assets generally pass according to the wishes outlined in your will, if one exists.

Additional considerations

Forced heirship: Louisiana law has a unique concept called "forced heirship." This means that certain family members, typically children and sometimes parents, have a legal right to inherit a portion of your estate, regardless of your wishes in a will. The amount they receive can vary depending on the circumstances.
Succession process: Even with a will, navigating probate court can be complex. An attorney experienced in Louisiana succession law can guide you through the process, ensuring your wishes are followed and potential legal issues are addressed.

Understanding Louisiana's probate and succession laws is essential for ensuring your loved ones are taken care of after you're gone. Creating a will that reflects your wishes and consulting with an attorney can help avoid confusion and conflict during an already difficult time. By taking these steps, you can ensure your legacy is honored and your assets are distributed according to your plan.

College students and their parents’ divorce

2024-04-01T06:35:27Z

You might think that your job as a parent is just about complete by the time your child leaves to attend a Louisiana college or university. However, even as a young adult, your son or daughter will likely have an emotional reaction to the news of your divorce. Fortunately, there are steps that you can take to help with the massive change that is going to take place.

Don't force your child to choose

An adult has the right to decide who to interact with or ignore. Therefore, you can do little more than attempt to retain or rebuild your relationship with your son or daughter and hope for the best. This can be done by offering a safe and stress-free environment at home during breaks or by refraining from treating your kid like your therapist.

Keep the focus on your child

Instead of focusing on your needs, make sure that your son or daughter's needs are being met. For instance, you could suggest making an appointment with a counselor on campus or recommending a therapist to speak with. In addition, encourage your college student to engage with friends and participate in activities on campus or elsewhere. Talking to a therapist will likely make it easier to adjust to the fact that your relationship status is changing.

Anticipate financial issues

The cost of a divorce might make it harder to pay your child's college tuition or provide other forms of assistance. This might mean that your son or daughter needs to take out student loans, get a job or make other changes to make up for a financial hardship. It's also possible that your spouse might be responsible for making tuition payments or providing other types of financial aid as part of a final divorce settlement. Your divorce might have an emotional and financial impact on your offspring even if they have reached adulthood. Seeking a generous settlement might make it easier to help you and your older children transition into the future.