After,Divorce,Visitation,Manda law After Divorce, is Visitation Mandatory in Louisiana?
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It can often be strange that a parent of the child or children is required to exercise visitation and/or custody of a child against their will after divorce. However, a court typically orders custody and visitation as part of a specific plan that both parties must follow. Therefore, not picking up or exercising custody and/or visitation pursuant to the order of the court can technically mean that this might be considered contempt of court, but the real problem is that it can create problems for the other parent's schedule.One of the reasons that a court might find you in contempt for failing to exercise visitation is that in a divorce or other family law situation where children are involved and there is a lot of acrimony and/or hostility between the parties, it can be the case that the children are used in order to further one's parent's interests. This means that it can be important for the court to protect the child and/or children in order to make sure that they are not being used in such a manner by either of the parents.The law is really meant to stop an example such as this: a parent learns that the other parent is going on vacation in the next couple of days and the court ordered visitation which allows for the other parent to have custody during this time. The parent not going on the on the trip decides to disrupt the other parents plans by informing the other parent that they are not willing to have custody during the time that they are supposed to. Upon a refusal to take custody, and with no ability and plans to have someone watch the child or children while they are away, the parent is then forced to cancel their trip out of great inconvenience and probably at some financial costs, as well. While this is somewhat of an egregious example, the principle is simply that the children are not to be used as method to continue fighting. It is far more likely, however, that most of the failure to abide by the court's order is not as of great of intensity; rather, the majority of instances are likely picking the children up late, etc.However, it is clearly not in the best interests of the child to be used to cause harm to the other parent following a divorce or other breakup. In order to help prevent this from happening, Louisiana law has put into place specific provisions to make sure that the penalties for failure to comply with a court ordered visitation schedule are clear and well understood by all involved. The specific statute is currently found in Louisiana's revised statutes in title 9:346. The penalties for failing to abide by what the court ordered regarding custody situation means among other things that you could be liable for court costs and attorney's fees in addition to counseling for the child if necessary as well as any fees necessary to pay for daycare provider to watch after the child. Of course, the hope is that it will not get to this and that both parents can amicably raise their children following divorce.Will Beaumont is a divorce lawyer in New Orleans. This article is strictly informational and not legal advice. Article Tags: After Divorce, Other Parent, Court Ordered
After,Divorce,Visitation,Manda