Divorce,Lawyer,Updates,Louisia law Divorce Lawyer Updates: Louisiana Supreme Court Rules on Sta
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
Louisiana family law was modifiedby the highest court in the state last week by a ruling on a child custodyrelocation statute. This decision heldthat it is not necessary for a court to expressly show that it considered eachof the twelve factors when deciding whether a child may relocate across statelines or more than one hundred and fifty miles from the childs residence. This decision is monumental fortwo reasons. Firstly, relocation issuesare frequent and any change in the law or how it is applied will have an impactfor a lot of people. Secondly, thisruling should stop a lot of challenges to initial trial court determinations byremoving a technical challenge by a divorce lawyer to the judgment.For a divorce lawyer, one of thetoughest things to do is to convince a court that child relocation is in thebest interests of the child. If a courtgrants the right to move, this usually means that one of the parents will bedeprived of custody which the law presumes to be detrimental to a child. As a result, the Louisiana civil code hasestablished a number of factors that courts must consider before making aruling. Even though they are required tomethodically evaluate each factor, courts often find that one of the factors inthe particular case is so strong that it is decisive in swaying its opinion.The Louisiana Supreme Court ruledon Tuesday, May 10, 2011 that the trial court does not have to show in itsrulings that it considered everything that the law requires it toconsider. In other words, it is almostas if courts making a decision on relocation will be presumed to have all thatthey are required to do, and it is for a litigants divorce lawyer to show thatthis was not the case. Clearly, thiswill be difficult, and, in many cases, impossible argument to prove.In making its ruling, the high courtultimately concluded that the appropriate standard of review is that the trial court'srelocation determination is entitled to great weight and will not be overturnedabsent a clear showing of abuse of discretion. This essentially means that what happens at the trial court level willnot be able to be overturned, unless the litigant or divorce lawyer can showthat some significant mistakes were made, not just that the court came to a baddecision after a proper application of law to fact. If you dislike the trial courts ruling onwhether you can relocate, this decision means that your divorce lawyer can domuch less in seeking a review of the trial courts findings.Theabove material is intended for information purposes only. It is not intended as professional legaladvice and should not be construed as such.
Divorce,Lawyer,Updates,Louisia