Child,Custody,Facts,from,Metai law Child Custody Facts from a Metairie Attorney
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
Unlike most cases, trial courts are not bound to follow precedent in child custody cases, but should decide each case on its own facts in light of the factors set forth under Louisiana law. A trial court is vested with great discretion and its rulings will not be disturbed absent manifest error or a clearly erroneous outcome. This is why it is crucial to upfront with your attorney so that they can get a sense of what they will need to do in order to attain a successful resolution.In one particular Louisiana case, the trial court awarded joint custody of their daughter. The father was designated as the primary domiciliary parent. As a result, the mother appealed. In her appeal, she stated that the lower court did not adequately evaluate all factors, which if applied, would result in her getting custody. The appellate court noted that the most important consideration in child custody cases is what is best for the child. Additionally, the appellate court noted that custody determinations are made on a case by case basis.The factors in the code are not exclusive but are a guide for the trial court. A trial courts judgment is heavily fact driven. A trial court will look at the factors and measure them against the facts of the case. If the child has lived in a structured, nurturing environment, then the court will consider this a positive for whoevers care the child is under at the time. The trial court functions as an evidence-taking and truth-seeking court. Therefore, it is ever so more important to flesh out all the facts and bring them to light before the court. If there are things that reflect adversely towards your former spouse, then it should be brought up in the trial court, not the appellate court. Child custody proceedings involve proving factual assertions. Therefore, you should be prepared to have objective, corroborating evidence.When dealing with a child custody dispute, it is important to familiarize yourself with the law. The primary source of law comes from the La. Code. Once you have familiarized yourself with the fundamentals, you should contact an attorney to screen your case to determine the merits of your case. If we decide to handle your custody case, then we immediately start working. We will want documented evidence of positions we take. Our goal is not only to attain a successful disposition, but to preserve a good trial court record for our use on appeal if required. Again, child custody cases are fact driven proceedings which are determined on a case by case proceeding. It will be our job to prove positive facts by introducing objective evidence.No attorney can guarantee results, but they can guarantee that they will tell you their honest opinion on whether or not your case has merit and to strive to represent you in a competent and professional manner. Part of doing this may require your case to be screened before accepted. With us, if we believe the case does not have merit, we will not take it or your money.Will Beaumont is an attorney in Metairie & New Orleans. This article is strictly informational and not legal advice.
Child,Custody,Facts,from,Metai