Divorce,Louisiana,Part,Two,Fiv law Divorce in Louisiana Part Two of Five
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 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
This article is a continuation of explaining Louisiana child custody laws and the various orders that can be implemented by a court. The previous article left off on joint custody and more specifically domiciliary status. The next thing that should to be mentioned is that, whenever a court makes a joint custody award, the court is obligated to make an implementation plan. This clarifies for the parties and the court exactly what times each party is to have custody with the child. Common things that an attorney typically includes in such plans are issues regarding holiday visitations, summer visitation, birthdays, etc. (There are a number of different types of divorce forms that are routinely used by an attorney making it so that many of the things that you may not have considered will still be brought to your attention.)Sole custody is where one parent has complete custody of the child and the other parent has visitation. This visitation can be supervised or unsupervised depending on the reason for establishing sole custody and more specifically the best interests of the child. It should be noted that there is a variant of sole custody whereby each parent has sole custody of one of the children. This is often the case where both parents are fit just though the best interests of the children call for this type of arrangement. There is also another variant of sole custody which is called ex-parte sole custody which means that the court found based that immediate and irreparable harm will afflict the child if the court does not intervene and take the child away from one parent pending a court hearing. By statute, this court hearing must be heard within 30 days of the order being signed.In order for a parent to get sole custody they will have to show clear and convincing evidence to the court why they should be granted this and why this is in the best interests of the child. From the perspective of an attorney, this standard is extremely high, though, it is not infrequent that this burden is met.There are some statutes that can make this hurdle easier for an attorney to overcome evidence-wise, with one being the post-separation family violence relief act in Louisiana. This act makes it so that generally no parent shall be given custody of the child if a court found to a history of perpetrating family violence without having completed domestic violence counseling. The statute defines history as one serious act of family violence or multiple acts of family violence.If the court awards sole custody there is no need for the court to determine domiciliary status though there could be sufficient reason for the court to clarify for the parties when it is their there will be visitation and how the visitation will be conducted.Will Beaumont is a divorce attorney in New Orleans. This article is strictly informational and not legal advice. Article Tags: Sole Custody, Best Interests, Family Violence
Divorce,Louisiana,Part,Two,Fiv