Divorce,Lawyer,Handling,Child, law Divorce Lawyer: Handling Child Custody and Child Abuse
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
In Louisiana, child abuse is a very serious matter. Evidence of child abuse can come up in a childcustody dispute. When making a childcustody determination, the court considers the best interest of the child. If there is conclusive evidence that the childhas been abused by a parent, then a divorce lawyer will probably work so thatparent will not be awarded custody.While courts permit reasonable discipline, a court will nottolerate a child being battered. All toooften it is common for a spouse to urge what is in their best interest. For example, a parent may state he isemotionally unstable when the child is not around. It is only when the child is near, that thespouse feels stable. Such an argumentdoes not support the childs best interest, and a divorce lawyer would likelynote this. In child custody cases, a parent will prevent a child fromvisiting the other parent contrary to a courts custody arrangement. When this takes place, the grievant partysdivorce lawyer can move the court to find his or spouse in contempt of court.Contempt of court is a very serious matter. In Louisiana, there are two categories ofcontempt. First there is direct contempt. Direct contempt of court is contempt committedin the immediate sphere of the court of which it is personally aware. So for example, if a judge orders a plaintiffto sit down and he refuses to do so, the court can hold him in direct contempt. The other type of contempt isconstructive contempt. Constructivecontempt is simply every other contempt that is not direct contempt. So for example, if a plaintiff does notcomply with a court order, then the court can find him in constructivecontempt. If a parent does not bring hischild to visit the other parent simply because he does not like her, then thecourt will likely find him in contempt and enforce the order.Child abuse can be a justifiable defense to not complyingwith a court ordered visitation arrangement. Lets jump into a hypothetical fact patternthat may come across the desk of a divorce lawyer. Big Henry and Mild Matilda end their marriage. Mild Matilda is the domiciliary parent withBig Henry getting visitation. For threeyears, their arrangement has been going smoothly. After returning from Big Henrys house, thechildren were bruised and battered. Theytold their mother that they get beaten for no apparent reason. In this case, Mild Matilda would be justifiedin not complying with the visitation requirement since Big Henry is physicallyabusing the children. Big Henrys motionto hold Mild Matilda in contempt would likely fail.Lets assume all of the same facts except the children arenot getting beaten up. In fact, they arethriving with their father. Mild Matildais jealous of this so she refuses to bring her children to see their father. A divorce lawyer could find that Mild Matildawould not be justified in failing to comply with a court order. Why? Because she is catering to her own needs andnot the childrens needs. Big Henrysdivorce lawyer would mostly likely succeed in his motion to hold Mild Matildain Contempt of Court. It is veryimportant to check up on your children after they return from a visitation. The court will want to make sure that thecurrent arrangement is still serving the best interest of the child. A court ordered arrangement can be changed ifit no longer serves the best interest of the child.Thanks for stopping in, butplease be aware that this article is only for informational purposes. If you need legal advice, contact an attorneyin your area. Will Beaumont is anattorney in New Orleans, La.
Divorce,Lawyer,Handling,Child,