Divorce,Lawyer,Parte,Order,for law Divorce Lawyer: Ex Parte Order for Interim Sole Custody
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
If you are in a joint custody arrangement and you feel thatyour ex-spouse is abusing your child, then you need to speak to a divorcelawyer or child custody attorney immediately. This is so that they can gather the facts and evidence, then determinewhether there is a sufficient showing of abuse to proceed to court. Certainly, the court will look to what is inthe best interest of the child. And ifthe court finds your ex-spouse is abusing your child, there is a high chanceyou will prevail in obtaining an ex-parte order for interim sole custody.Perhaps it can be helpful to go through a recent case fromthe view of a divorce lawyer. In a casereferred to as Young v. Young, the trial court ruled that the former husbandcould not modify his protective order to seek sole custody of his child and toterminate his child support. The trialcourt found that the husband and wife had a tumultuous relationship. Such acrimony caused their child to have ADHD. Additionally, the trial court found thatthe defendant harassed his former wife, her co-workers, and medicalprofessionals who have as a patient, his minor child.The wife sought to relocate with her child to Washington one of the toughest challenges for a divorce lawyer can be relocation. However, the trial court denied the requestasserting that the limited income of the father would prevent him fromfrequently visiting his child in Washington. Nonetheless, the trial court issued a protectiveorder in favor of the wife. Theprotective prevented the former husband from contacting her in any way shape orform including electronic and third party sources. Additionally, the protective order preventedthe former husband from going within 100 yards of his former wifes residence.Shortly thereafter, the former husband filed his ownprotective order against his former wife. (Because protective orders are typicallyex-parte, a divorce lawyer usually does not usually file a demand against theoriginal.) In his petition, he assertedthat his ex-wife attempted to run him over with a car. As a result, the hearing officer issued aprotective order in the former husbands favor. The conditions were the same as the conditions set forth in theprotective order issued in favor of his ex-wife. However, the hearing officer did not award himsole custody of his child nor did he terminate his child support payments. The former husband appealed.A divorce lawyer typically is aware that in order to begranted relief in Louisiana, you must show facts that support such aruling. In this case, the appellatecourt cited the pertinent Revised Statute, which permits the issuance of aprotective order. The appellate courtnoted that in order for a court to award ex parte relief, particularly an awardof temporary sole custody, the party must show that the child is has been andis currently being abused. The purposeof a protective order in the context of domestic abuse is to end the abusiveoffense. The appellate court reviewedthe former husbands claim and determined he did not make a showing that hischild was abused. The instances to whichhe points did not constitute abuse in the courts eyes. As such, the appellate court affirmed thelower courts decision. The formerhusband was denied sole custody and denied the termination of his child supportpayments.What should a divorce lawyer or someone else take away fromthis case? When seeking an interim solecustody award pursuant to an ex parte order, the petitioner must assert thefacts and circumstances concerning the alleged abuse. Simply stating that the child has been abusedis not enough to prove that the child has been abused. As such, a court will not grant relief on suchmere assertions.Thisarticle provides information -- not legal advice -- on the issue of solecustody. Will, who is an attorney out ofNew Orleans, may be able to assist.
Divorce,Lawyer,Parte,Order,for