Divorce,Lawyer,Child,Custody,L law Divorce Lawyer: Child Custody in Louisiana and the Burden of
When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a
In Louisiana, to get sole custody of a child, you or yourdivorce lawyer must prove by clear and convincing evidence that it is in thebest interest of the child for you to have sole custody.In Louisiana law, there are generally three burdens ofproofs. The lowest standard of proof isthat of preponderance of the evidence. Thismeans that the person with this burden need only show that his position is morelikely than not to be correct. Forexample, if a car has a dent on the door, then we can say it is more likelythan not that it had been involved in an automobile accident.The next burden of proof and what is used in child custodyproceedings is that of clear and convincing evidence. In order to meet this burden, a divorce lawyermust show that the thing proved was highly probable or reasonably certain. For example, if Big Henry walks into arestaurant soaking wet, then we can say it is reasonably certain it is rainingoutside.The highest burden of proof is that of beyond a reasonabledoubt. This burden is used in criminalcases, and not typically by a divorce lawyer. For example, if a defendant is captured onvideotape robbing a store, then the videotape may be evidence sufficient toprove the defendant guilty beyond a reasonable doubt. Clients may ask a divorce lawyer how people can win a casebased the same facts in one proceeding, and then loose the same case inanother. Well, this has to do with thedifferent burdens of proofs. Lets take theexample used for the preponderance of the evidence burden. Under this burden, it is significantly easierto show that a dented car was more likely than not involved in automobileaccident.But under the high burden of clear and convincing evidence,can we say it is reasonably certain that the car had been in an automobileaccident? The car could have beenvandalized. The car could have sustainedhail damage. Therefore, under the clearand convincing burden of proof, we cannot be reasonably certain that the carwas involved in an automobile accident. Hence, we have two different outcomes using twodifferent burdens of proofs.In child custody cases, a divorce lawyer sometimes uses theclear and convincing burden of proof. Hencea parent seeking sole custody of his or her child must prove to a reasonablecertainty that it is in the best interest of the child for the child to be withhim or her. Lets look at an example. Big Henry and Julies marriage has ended. Each is seeking sole custody of the child. Big Henry is a drug addict and in and out ofprison. Julie is an elementary schoolteacher who is a member of the church choir. She does not smoke, drink, or do drugs. In this case, it seems pretty clear who isgoing to get sole custody. Using theclear and convincing standard of proof, we can say to a reasonable certaintythat is in the best interest of the child for Julie to be awarded sole custodyof the child.Now lets take the same facts but instead, Julie is arecovering alcoholic. Is this enough to sway the court to big Henry? We think not. Lets assume Big Henry is a by-the-bookperson, has never been arrested, and is a member of his church choir. Who gets sole custody? It seems a little more complicated.In tougher situations where both parties are equal, a trialcourt will look even further and go into even more depths to reach theirdecision. That is why it is important tocontact a divorce lawyer to flesh out the subtle advantages that you may haveover your former spouse.Everything above is writtento be informational. Please do not takeit to be legal advice. With an office inNew Orleans, Will Beaumont practices family law.
Divorce,Lawyer,Child,Custody,L