The Importance of Domiciliary Parent Status: Louisiana provides joint custody of children between the mother and father in most situations. Joint custody is presumed by the courts to be in the best interest of the children and is awarded regularly. Sole custody can be awarded but is much less common than joint custody in Louisiana unless there is an extenuating circumstance leading to the need for sole custody. While joint custody may be favored by the Louisiana court system, it does not mean, however, that both parents will exercise equal physical time with the children. In the majority of cases,
Contesting Intra-Family Adoption There are many steps and tests required by law in contested adoption proceedings. These can mainly be found in the Louisiana Children’s Code, with which our firm is very familiar. The Louisiana Children’s Code was drafted to combine all the laws affecting juvenile court jurisdiction, resolve ambiguities, reconcile conflicting laws, ensure that statutory law accurately reflects settled case law and provide a single code containing procedural and substantive laws affecting juveniles. Some interesting concepts are articulated in these cases and may be useful in your case too: When a stepparent or parent with custody fails to cooperate with
Reconciliation Per La. Civ. Code art. 104, “[t]he cause of action for divorce is extinguished by the reconciliation of the parties.” The concept of “reconciliation” can be thorny and confusing for a spouse who has filed for divorce. If you are in doubt as to what to do, where to reside, or how to interact with your spouse during the pendency of your divorce, it would be wise to retain counsel and discuss this issue with your attorney. Our family law attorneys are able to clearly and thoroughly advise you of the “dos and don’ts” of dealing with your ex.
Ex Parte Orders Ordinarily, courts issue orders regarding custody after hearing evidence at a trial. However, most family law practitioners know of and have utilized the ex parte emergency order of temporary custody. In emergency situations a parent may file a petition asking for temporary custody, and a court may issue an ex parte order awarding emergency temporary custody prior to a formal hearing. It is an effective tool if the procedural requirements are followed closely and used only in instances of exigent circumstances. Immediate and irreparable harm under La. Code of Civil Procedure: La. Code Civ. Proc. art. 3945