Divorce,Keeping,Child,Custody, law Divorce: Keeping Child Custody Proceedings Closed to the Pub
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
Divorce and a subsequent custody battle for children can sometimes be very stressful and unpleasant. Emotions run high and sometimes skeletons come out of the closet. In the state of Louisiana, a family court presiding over a custody dispute has the power to hold the proceeding behind closed doors. The authority for the courts to do this comes from Louisiana Civil Code article 135, which states that a custody hearing may be closed to the public.Whenever someone is reading over codes or statutes, it is important to take into account the exact language which the legislature has used. In this case, the court may have a custody hearing closed the public. That does not mean a court is required to do so.There are probably a few different situations where a parent or parents might want their custody hearings to be a more private affair. Sometimes, one parent may have a very large family who cares very passionately about the outcome of the custody hearing. If those family members could potentially disrupt the proceedings, or otherwise negatively affect the fair and equitable resolution of the hearing, a parent or the court may request the custody hearings be closed.Another example of a situation where the parents may want a closed door hearing is where the participants to the hearing are public figures. Oftentimes in our culture, the media can be obsessed with covering the details of celebrity or political lifestyles. If couple going through a divorce is well-known in the community, and they fear that somehow there may be things that come to light in a custody hearing that are damaging, they may ask that the hearing be closed.The concern that private information could be made public in a divorce and custody battle is a very real one. After all, it is the responsibility of the family court to perform an exacting and thorough review of the case and the overall family situation before awarding custody. This many times means that the negative qualities of the respective parents may be made open to the public by the court, or the other parent.Sometimes one or both parents will make accusations against each other that are unfounded or outlandish. Without meeting the proper evidentiary standard, it is unlikely that a court will honestly consider unproven claims made by a parent; however, if the hearing is open to the public, there is no one to protect the accused parent from judgment in the eyes of public opinion.Drugs, extramarital affairs, questionable lifestyle choices, and other personal facts about a persons life very well may come up in a divorce and custody battle. Additionally, we cannot forget that there are children involved, who may or may not have to testify as to their perceptions or opinions on their own parents marriage. This can be traumatic for a child, and, needless to say, more traumatic if they are forced to do so in a public atmosphere.If one or both parents think that it is in the childs best interests (which is after all probably the only thing that the court is actively watching out for) to see that the proceeding be held behind closed doors, they should consider asking the court. This article is written with the sole intention of providing information. It is not legal advice. Will Beaumont practices divorce law in Metairie and New Orleans, La.
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