Louisiana,Family,Law,Civil,Cod law Louisiana Family Law: Civil Code Article 134(2) and its Appl
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
Whena court performs a child custody analysis, it often makes its determination onwhat each sides divorce lawyer or other attorney presents. Rather than looking at the law and applyingit by rote, the court in Louisiana often looks at the contested issues inmaking its determination. Having saidthis, there still is substantive law to consider both for the court and theparents. This article is part of aseries that attempts to explain some of the intricacies regarding Louisiana CivilCode Article 134 which may be one of the most important child custodyprovisions in the code. In particular,this article goes into part two of article 134 which emphasizes the importanceof each parents ability to give emotional and spiritual guidance to the child and to continue the education andrearing of the child. One easy yet sad example to see the application of section (2) ofarticle 134 is in the hypothetical instance of one parent suffering an injuryor accident, and subsequently getting involved in a custody battle for thechild or children. For example, if oneparent suffers head trauma of some sort, and is no longer able to function onthe intellectual level that they once did, a court may consider theircapacity diminished. While this parentno doubt still loves their child very much, a diminished intellectual capacitycould compromise their ability to see that the child is reared in anappropriate manner. Oftentimes, a parentwith this affliction may have their hands full taking care of themselves, letalone a child as well. Section (2) also considers the disposition of the parent. This means that a court may look at thepersonality of each parent when awarding custody. Take an example where one parent clearlyspends money or time on themselves instead of the child. If a court can clearly see that that oneparent is more predisposed towards their own personal life, rather than thelife of their child, this section may be determinative of custody. Oftentimes, analysis of a custodial arrangement is not very blackand white like the above examples. Thespirit of section (2) seems to ask the question: which parent puts the needsof their child ahead of their own? Ifone parent is not as invested in the future of their child, and this can becorroborated through evidence, the court may take this into consideration. We may see this situation in examples like aparent who is preoccupied with nightlife and other more personal priorities, asopposed to a parent who remains in the home with the children after dark. Another example is where a parent can be seenmaking a conscious effort to continue the childs education and socialization,be it through encouraging scholastic activities or making sure that they aresupervised and instructed in a proactive and caring way. Sometimes, the respective families of eachparent may play an important part in this process, and that can be alsoconsidered. If one parent has a relativewho contributes a good deal of time to the rearing of the child, an court mayconsider this in awarding custody to the parent with this relative.Will Beaumont is a lawyer inNew Orleans. This article is informational, not legal advice.
Louisiana,Family,Law,Civil,Cod