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Baton Rouge Family Law Blog

Louisiana Child Support Enforcement and court orders

As part of its many programs, the Louisiana Department of Children & Family Services helps establish and enforce court orders for the financial welfare of children. The Child Support Enforcement program facilitates the process of determining child support, according to state guidelines.

Laws require non-custodial parents to contribute to the support of their children. Support determinations are made based upon the parents' gross income and children's needs. Additional factors are considered before a final amount is decided.

Marital torts and spousal rights in Louisiana

Many spouses are unaware laws allow one spouse to take another to court over injury claims. Marital torts are permitted under circumstances dictated by state laws. To be clear, marital torts are claims outside divorce actions, although some states allow the two issues to be resolved simultaneously during the dissolution of a marriage.

A marital tort took place in Louisiana, where a wife sued her husband for giving her herpes. The wife discovered she had contracted the sexually-transmitted disease during a gynecological appointment. The husband later admitted he cheated on his spouse, knew about the STD and feared disclosing the information to his wife.

Facts and resources for Louisiana grandparents

Grandparents may be responsible for the care of grandchildren through a casual agreement with parents. However, there are times when it is necessary or desirable for a grandparent to become a grandchild's legal custodian. Under Louisiana family laws, grandparents may be awarded guardianships or obtain temporary provisional or full legal custody – even adoption is possible.

A legal arrangement is beneficial, since grandparents' rights are limited without one. For example, provisional custody includes parental authorizations to allow a grandparent to take custody of and care for a child. Legal ties give grandparents privileges that normally are reserved only for parents, like making education and medical decisions for a child.

Louisiana family laws establishing paternity

In Louisiana, an unmarried man is not presumed to be a father without establishing a legal or genetic link to a child. Biological fathers may have little or no say in the upbringing of their children unless they take actions to change that. A parent-child relationship must be established to exercise fathers' rights.

Fully taking on the rights and obligations of parenthood isn't as simple as making a claim. The Louisiana Putative Father Registry allows men to declare they are the father of a child. However, the registration must be accompanied by acceptable proof that the man is a child's father, including an authentic act of acknowledgment or a paternity judgment by a Louisiana court or family court in another state.

A Louisiana visitation program to help non-custodial parents

Non-custodial parents in Baton Rouge may have difficulties spending time with their children. The Louisiana Access and Visitation Program tries to help non-custodial parents gain access through visitations. The issue can be a sensitive one, particularly when parents part ways on less than agreeable terms.

The program is free and provides the services of an attorney to help non-custodial parents gain visitation rights. The Access and Visitation Program assists applicants with no current or past visitation orders in place. The non-custodial parent also must have an active case with Child Support Enforcement division.

Resolving Louisiana divorce issues through family mediation

Third parties are used frequently to settle disputes of every kind. Many Baton Rouge residents might not be aware family mediation is an alternative to court battles over divorce issues. Qualified Louisiana mediators are more than referees in conflicts over child-related matters and property settlements.

Helping to solve problems isn't the same as supplying answers. Mediators are impartial, although they may provide information, opinions or suggestions to help parties reach agreements. The largest part of a mediator's job is to get individuals to communicate, negotiate and work out their own problems.

Critics want child support laws to reflect family changes

Revisions to laws often lag behind changes in society. Consequently, families try to cope with current conditions using old ways. Several analysts feel Louisiana and nationwide child support rules are based on outdated definitions of families.

The child support system as we know it today was put in place during the 1970s. Back then, parents were married or divorced, but comparatively few parents were never married. Today, a significant number of couples choose parenthood without marriage.

How Baton Rouge marriages end

You'll find countless blogs listing the reasons marriages end. Blogs containing that sort of information can be helpful when you're trying to cope with emotional turmoil during separation and divorce. However, this post deals with the legal process of obtaining a Louisiana divorce.

We'll start with the less common ways Louisiana marriages are dissolved. Annulments, known as declarations of nullity, are granted when a marriage takes place without one person's consent. Declarations are not required when no ceremony is performed, a participant is a bigamist, the relationship is incestuous, the partners are the same-sex or the marriage is performed using substitutes for the couple.

Is consent ever unnecessary in a Louisiana stepparent adoption?

Baton Rouge individuals and couples who want to adopt can benefit by learning all they can before committing time and energy to the process. A blog can't provide all the answers, but an overview may help you prepare questions to ask an attorney. Let's narrow the field to stepparent adoptions, the most common type of all adoptions.

An adoption transfers legal and parental rights to an adoptive parent. Once that transition occurs, the birth parent loses all parental rights and is freed from all parental obligations, like child support. A stepparent child adoption is dependent upon several factors, including the consent of several parties.

Trial decision on property settlement in oil baron’s divorce

Harold Hamm has been listed as the 28th richest man in the U.S. His mega-wealth will be diminished somewhat as the result of a divorce-related property settlement, recently decided in a 10-day trial. Hamm's wife of 26 years will receive $972 million dollars, a fraction of a fortune estimated to be more than $16 billion.

A court decided Harold Hamm did not have to sell off his majority 68 percent stake in Continental Resources, with oil operations reaching into Louisiana. While anything close to $1 billion dollars seems like an enormous settlement, the ex-wife actually received far less of the couple's marital assets than some observers expected. An appeal is under consideration.

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