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Lafayette Family Law Blog

Is domestic violence a gender issue or a human issue?

In our last post, we explored how Louisiana has a lot of different ways to seek protection from possible threats of domestic violence. Our purpose in doing that was to show that the laws are framed in hopes of being able to account for the many different circumstances that can trigger violence among people -- even those who might claim to love each other.

Life is complicated and the application of the law as it relates to seeking temporary or long-term restraining orders can be an intricate process that is made easier with the help of experienced legal counsel. Another thing that can hinder people from pursuing available protection can be social stigma and the misconception that the only ones who need or deserve the protection are women.

How do I go about seeking a protection order in Louisiana?

Did you know that there are 12 statutes and articles on the books in Louisiana related to seeking protection orders from the court? That there are so many seems to be an acknowledgment that the conditions that might prompt such action can be as different as the people involved.

The objective of all protection orders, of course, is to keep one person away from another. The expectation is that a formal order will prevent abuse and increase domestic security and stability.

What Louisiana laws cover grandparent visitation and custody?

Few would likely deny that the norm for most Louisiana families is one that is cross-generational. Where there are children, there are parents. Where there are parents, there are grandparents. And there's generally a presumption that everyone will be actively involved in each other's lives.

That ideal isn't always achieved. A lot of things can happen that can put up barriers to family involvement. If the parents divorce, a rift between custodial parent and a grandparent could surface. If one or the other of the parents dies or winds up becoming incarcerated, that could create friction. What are a grandparent's rights around seeking visitation or custody in such situations?

What can I as a parent of a divorcing child do to help?

Lots of books and seminars offer guidance to help couples get through divorce. There's not much out there to help parents of divorcing offspring know what they should do, however. Just as no two divorce situations in Louisiana are exactly alike, the same is true for the answer to the question of how parents can best help their adult children as they go through a dissolution. Should you swoop in or should you stand back? The answer is that it depends on the circumstances.

At the very least, and especially if there are grandchildren who will be affected, it wouldn't hurt to encourage your son or daughter to find experienced legal counsel that he or she can trust to help sort out what can be a long list of complicated issues.

Can pet custody be part of a prenuptial agreement?

When you talk about your family do you include Fido, Fluffy, Polly or Iggy? A lot of people in Louisiana do. For many people pets are more than property. They are companions that have personalities that make them more than just animals. Some couples never have children and pets become their family.

With the bond between owners and pet often so strong what is a couple supposed to do to resolve possible disputes over custody and visitation related to pets? Considering that under family law pets are considered property, resolution might come in the form of some sort of buyout by one of the spouses. But to understand all possible family law options it's important to consult with an attorney.

What Social Security rights do children of unwed parents have?

Child support is probably one of the most important matters that family law deals with in Louisiana. It can also be an issue that can generate the greatest amount of divisiveness for parents, married or not.

As we noted in a previous post, a lot of things can influence how the court goes about making final decisions on levels of child support. In cases where the child might be on some sort of government assistance, such as the Family Independence Temporary Assistance Program or Medicaid, the state's stake is such that regulators seek to be sure both parents are doing all they can to support the best interests of their child.

Things to know about high conflict divorce

When it comes to divorce there can be a lot of issues that turn the proceedings into a high-conflict situation. But many experts in Louisiana likely would agree that the biggest factor that increases the chances of a dissolution becoming toxic is personalities. If one or both parties involved suffer from what psychologists refer to as narcissistic tendencies, there's a good chance that behaviors will be displayed that pour fuel on the fire and make things more miserable.

Obviously, that's something that most rationale people would like to avoid. But if you need any further convincing that high conflict divorces are worth steering clear of, read on for some observations that might help sway you.

MLB credited with decisive anti-domestic violence action

Domestic violence is not a pretty thing. Some in Louisiana may agree with the opinion that it would be more appropriately called domestic terrorism because of the long-term physical and psychological damage it can wreak on the victims. Whatever you call it, prohibiting abuse is the goal.

That same attitude is echoed among many of the professional sports leagues in the U.S. The National Football League has talked the talk in saying that it won't abide such violence on the part of its players. But it's been less successful in walking the walk when it comes to taking action.

Is bird's nest a custody plan soup you want to get into?

Mom and dad can't stay under the same roof together. Divorce seems the proper solution, but the children shouldn't suffer as a result. How should child custody work?

In our previous post we observed that there is no single best plan for any given family in Louisiana. Situations vary due to all sorts of factors. Children have different needs according to their ages and particular stages of development.

The ins and outs of divorce in Louisiana

It is no secret that divorce can be taxing. There is simply no denying the fact that the breakup of a marriage brings with it myriad consequences that can seem perennial. Marital dissolution can often be emotionally, physically and legally draining.

This already at times complicated process can get even more convoluted when children enter the equation. Suddenly, issues such as child custody, child support and visitation take precedence. The best interests of the children are paramount and they are prioritized by Louisiana courts without exception.

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