There are few things in life more important than one’s family. Hudson, Potts & Bernstein has dedicated family law attorneys who are prepared to aggressively protect your rights when where it matters most. Whether it be divorce and community property issues or child support and custody, HPB’s family law attorneys are experienced, knowledgeable, and unwavering in their advocacy.
Louisiana family law covers several family legal issues such as adoption, divorce, child custody, guardianship, child support, father’s rights, and more. Any of these can be emotionally charged, arduous, and very stressful. The state’s laws are unlike those of any other state in the union in their writing and application. This can make some portions complex and difficult to understand.
When you are entering family court, regardless of the reason, it helps to have an experienced, knowledgeable Louisiana family law attorney on your side to help protect your rights and ensure that you have the best possible outcome regarding your case.
Louisiana law allows for two different types of marriage, covenant marriage and non-covenant marriage. Each of these marriage types has its own set of grounds for divorce. The covenant marriage is intended to promote marriage as a lifelong commitment and because of this, there are specific requirements for entering into the marriage as well as separating from it. Non-covenant marriage has fewer requirements. A couple seeking a divorce in Louisiana must first know what type of marriage they have, then they can begin the proceedings for that divorce.
In Louisiana, child custody laws focus on those things that are in the best interest of the child or children regarding where they will live, who the custodial parent will be – or if the parents will share custody. It goes far beyond choosing a parent for the children to live with and creating a visitation schedule.
It can also involve moving the children out of the parish or out of the state, instituting supervised visitation when circumstances call for that and managing the custody and visitation of the children when domestic violence is involved.
Louisiana law requires that both parents provide financial support for their child or children until that child either reaches the age of 18 or is no longer a student in secondary school (and is older than 18). The amounts for child support are based on a formula that includes each parent’s monthly income and healthcare premiums for the children. Parenting time has nothing to do with the amount of support either parent is required to provide.
Married couples have equal parenting rights from the moment the child or children are born. However, parents who are not married do not have those shared rights. Essentially, in the case of an unmarried couple, all rights belong to the mother of the child. Fathers who are not married do not have any legal rights to visitation or custody.
This is why fathers’ rights are so important. If you are an unmarried father, you need an aggressive, experienced attorney to fight for your rights – your fundamental rights as a parent, not just a sire.
Louisiana defines domestic violence as physical or sexual abuse between members of a family, dating partners, or members of the same household – past or present. This makes the definition rather broad but also recognizes that the role of abuser can fit a variety of people, not just the stereotypical adult male. The laws were designed to protect ALL family members with an emphasis on the children. Many of the issues on domestic violence are heard in family court although when specific crimes are committed, they may also be heard in criminal court.
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