Louisiana,Family,Law,Civil,Cod law Louisiana Family Law: Civil Code Article 134(4) and its Appl
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Incontinuing an analysis of one of the crucial pieces of family law in Louisianaand how this law may be seen in the practice of a divorce lawyer, this articledeals with Louisiana Civil Code Article 134(4) which focuses on the amount oftime that a child has been living in a stable,adequate environment along with the courts desire to maintain this.Manytimes, a child develops a network of friends, other families, and relationshipsthrough their schooling and in the environment which they grow up in. As many people can understand, uprooting achild from their social network can be very damaging psychologically andemotionally to the child this is sometimes referred to by psychologists asattachment theory and what will happen to a child with broken attachments. A court can take into consideration thissocial network when making a custody determination.Justbecause a child does have a social network however, does not guarantee that acourt will view it favorably. Therecould be a hypothetical situation where one parent can offer a more secure andproductive environment than the other can. For example, if a child has been living in an impoverished, drug-filledneighborhood, with sub-par schooling and social opportunities, a court may notconsider this environment determinative. Having said this, there is no law against being poor, and if a child isnot suffering some sort of direct harm from their environment that can bedocumented, a divorce lawyer may have difficulty in showing why one parentshould be favored over the other. Anotherinstance where the continuity of a childs living situation may not matter asmuch in is the situation where a child is very young. Many children have very malleable and easilyadaptable minds some psychologists believe that the younger a child is, theeasier it is for the child to mend a broken attachment. If for example a child is only of the age offive or six, a divorce lawyer would likely argue that transplanting them toanother environment entirely would not have a deleterious effect on theirpsyche, as contrasted to a child nine years old. Obviously, the latter child has presumablygrown thicker and more emotional roots to their environment and formed anattachment with their primary care-giver, and a move at this time could bequite damaging. Often,section (4) may not be as important for a divorce lawyer as the other factorsbecause parents often live in the same city and not enormously far apart fromeach other. Ideally, for the childrenssake, this would be the case. Theproximity of the parents would mean that a childs custody may not have thesame negative effect on their friendships and schooling. In a situation like this one, section (4) probablyis most applicable such as where one parent who has not had frequent andcontinuing contact with the child decides to get back into the childs lifeupon discovering that the child is not in a safe environment.Will Beaumont practices as adivorce lawyer in Southeast Louisiana, particular in the New Orleans,region. This article is simply informationabout one portion of child custody law. It is not legal advice and should not be construed as such.
Louisiana,Family,Law,Civil,Cod