Family Law in New Orleans Explained

Family Law in New Orleans Explained

What Is A “Family Law” Issue?

“Family Law” in New Orleans is a broad concept. It includes, but is not limited to (1) divorce; (2) custody and visitation; (3) community property partition; (4) Father’s Rights; and (5) other issues involving the relationships between families.

Do Both Parents Have Rights To Visitation In Louisiana?

According to Louisiana Civil Code Art 136.1 Award of Visitation rights, a child has a right to spend time with both parents. Accordingly, when a court-ordered schedule visitation, custody, or time spent with a child has been entered, a parent shall exercise his rights to the child in accordance with the schedule unless good cause is shown. Neither parent shall interfere with the visitation, custody or time rights of the other unless good cause is shown.
Each case is unique, therefore an award of visitation will vary from case to case.

Am I Entitled To Spousal Support?

According to the Louisiana Civil Code, Article 11., spousal Support authority of court, In a proceeding for divorce or thereafter, the court may award interim periodic support a party or may award final periodic support to a party who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage in accordance with the following articles.
Each case is unique when it comes to issues of family law. Please contact an attorney for more information about support issues.

Will I Get Child Support For My Children?

According to Civil Code Article 141. Child Support, authority of court In a proceeding for divorce thereafter, the court may order either both of the parents to provide an interim allowance or final support for a child based on the needs of the child and the ability of the parents to provide support. The court may award an interim allowance only when demand for final support is pending.
Child support is determined on a case by case basis.

How Do I Know If The Property My Spouse And I Have Is Community Property?

According to the Louisiana Civil Code, Article 2338, community property comprises property acquired during the existence of the legal regime through the effort, skill, or industry of wither spouse; property acquired with community things or with community and separate things, unless classified as separate property under Article 234; property donated to the spouses jointly; naturally and civil fruits of community property; damages awarded for loss or injury to thing belonging to the community; and all other property not classified by laws a separate property.

Each case is unique. For more information regarding community property, please contact our law office today.

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