Divorce,Lawyer,Explains,Child, law Divorce Lawyer Explains Child Custody in Louisiana
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
One of the most heavily contested issues a divorce lawyerfaces is child custody. Most of the time, the father and mother want custody oftheir child. However, both spouses point the finger at one another and say howawful of a parent they are. However, Article 131 of the Louisiana Civil Codestates that a court shall award custody of a child in accordance with the bestinterest of the child.One may ask, how does the court define whats in thebest interest of the child? Accordingto Louisiana Civil Code Article 134, a court has guidelines which it mustfollow in order to make a child custody award. Suchfactors may include: (1) The love, affection, and other emotional ties betweeneach party and the child. (2) The capacity and disposition of each partyto give the child love, affection, and spiritual guidance and to continue theeducation and rearing of the child. (3) The capacity and disposition ofeach party to provide the child with food, clothing, medical care, and othermaterial needs. (4) The length of time the child has lived in a stable,adequate environment, and the desirability of maintaining continuity of thatenvironment. (5) The permanence, as a family unit, of the existing or proposedcustodial home or homes. (6) The moral fitness of each party, insofar as itaffects the welfare of the child. (7) The mental and physical health ofeach party. (8) The home, school, and community history of the child. (9)The reasonable preference of the child, if the court deems the child to be ofsufficient age to express a preference. (10) The willingness and abilityof each party to facilitate and encourage a close and continuing relationshipbetween the child and the other party. (11) The distance between therespective residences of the parties. (12) The responsibility for the care andrearing of the child previously exercised by each party.The first factor a divorcelawyer deals with is the childs emotional ties to the party. For example, ifson goes fishing every Saturday with dad and son enjoys this, this will beconsidered as positive evidence for the first factor. Conversely, if son hatesfather because father is never home, this will be considered as negativeevidence for the first factor. The second factor deals with the parentsability to essentially raise the child. If mother takes daughter to churchevery Sunday, tutors her everyday with homework, and is actively involved inher life, this will be considered positive evidence for the second factor. Thethird factor has to do with the financial ability of either party to provide thebasic necessities for the child. For instance, if father is unemployed and doesnot have a dwelling, this will gravely hamper his chances of being awardedchild custody.Factors 4 and 5 have to do withthe stability and desirability of the environment. Here, courts consider thelifestyles of each parent as presented by a divorce lawyer and determinewhether or not if that is going to be suitable for the child. Factor 6considers each parties moral ethics. If one parent forges checks and bills forwork that he did not do, then this will adversely affect his chances of beingawarded child custody.Factors 7 thru 12 areself-explanatory even to someone other than a divorce lawyer. Factor 10 is animportant factor especially if the child still likes both of his parents andenjoys being with both of them. If father tells son that mommy is a triflingwhore, then the court will consider this as a lack of facilitation andencouragement of a continued relationship between both parties. This is why itis important to have at least a working relationship with your former spouse sothat the child will see that you are fostering them a relationship between bothparties. So before you engage in a child custody fight, educate yourself on thelaw and the factors that the court considers. Write down the factors that maybe for you and the factors that may be against you. Present this to yourattorney so hell be familiar with the facts of your case. Once he is familiarwith the case, he can then began to put these factors in your favor.Additionally, hell show why the other party should not be awarded custody.The above article isinformational. It is not professionallegal advice, so please do not view it as such. Will Beaumont is an attorney and is only licensed in Louisiana. He has an office in New Orleans and has an office in Metairie.
Divorce,Lawyer,Explains,Child,