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Under article 3945, to get an ex parte custody order, there must be a showing that a child will suffer certain harm, unless the Court issues an ex parte temporary custody order to protect the child. The harm must be both immediate and irreparable.

An ex parte order of temporary custody shall: (1) Expire by operation of law within thirty days of signing of the order; however, the order may be extended for good cause shown at any time before its expiration for one period not exceeding fifteen days.

What Are the Methods of Service? Ordinarily, a civil sheriff's deputy will serve this notice upon any party located in Louisiana. For the sheriff to make service, the sheriff will need to physically locate the person (personal service) or deliver the papers to the person's home address (domiciliary service).

In order to facilitate as much time as possible with both parents, Louisiana parents with custody of their children cannot move more than 75 miles away from the other parent following a divorce without a court order. This includes moving out of state as well as moving within Louisiana.

Anyone over the age of eighteen (18) years old and is not a party to the case, is legally able to serve papers in Louisiana.

The sheriff may mail the process to be served to one of his deputies, a constable of a justice of the peace court, or a constable or marshal of a city court if the location where service is to be made is more than ten miles from the sheriff's office and the party at whose instance service is to be made has requested it

The first step is to obtain a temporary custody order as soon as possible to make sure you can keep your child safe. You must prove to the judge, through affidavits, medical records, police reports, etc., that your child is in ?immediate danger of irreparable harm? to be granted a temporary custody order.

Unless otherwise directed by the state or defendant, subpoenas shall be served by domiciliary service, personal service, or United States mail as provided in Paragraph B. Personal service is made when the sheriff tenders the subpoena to the witness.

3. Who has the authority to issue a discovery subpoena? In Louisiana, the clerk or judge of the court in which the action is pending issues a subpoena at a party's request (La.

9.15. Rule 9.15 - Subpoenas (a) In cases other than juvenile and family law proceedings, a request for issuance of a subpoena shall be filed with the clerk of court at least ten days before the desired appearance date, unless a different deadline is set by the court in the pre-trial or other order.

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Louisiana state law defines a "child in need of care" in a number of ways. Get free access to the complete judgment in AUSTIN v.You may chose an interactive form to fill out online and print the form.

Baton Rouge Louisiana Instanter

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