Once a couple decides to end their marriage, it means they are terminating most of their rights and duties for and to one another. But when children are involved, the obligations to the children remain very much alive. That means that the divorcing couple has to figure out how they are going to share custody of their children; where the children will physically live and how decisions regarding the children's future will be made. In addition to this, parents also have to figure out how the parent without physical custody will visit the children. Usually, a non-custodial parent cannot just get up on a whim and decide that they want to pick up the kids from school.
As the beginning of the school year approaches, many children returning to school in Louisiana may be nervous about their new beginnings. A new class, new friends or a new school altogether can cause children of all ages anxiety about their first day. When the child's parents have gone through a divorce during the summer and are now living separately for the first time, the first day of school can be even more overwhelming. There are, however, a number of steps divorced parents can take to ensure their child's first day back goes as smoothly as possible.
Last week's blog discussed the best interests of the child standard as it pertains to custody decisions. When making child custody decisions, courts assess a number of factors to determine what is in the best interests of the children in question before making a child custody order. Generally, Louisiana courts lean towards awarding joint physical custody if the parents are in close proximity to one another. However, when this does not happen, then the parent who does not have primary custody, also referred to as the noncustodial parent, has to work out a visitation schedule.
When a marriage breaks down and a couple heads for a divorce, the first thing they think about if they have children is custody. Generally, all parents want what is best for their children, but they may disagree as to how to attain that. This is why they may not be able to come to a joint agreement about child custody. If they agree to the terms, the court will generally honor that agreement; however, when they do not come to an agreement, the court must intervene.
When it comes to family law issues, it is not only the parents that encounter these. In some situations, grandparents might be faced with limited access to their grandchildren. Whether it is related to a pending or recently finalized divorce or not, grandparents should understand that they have rights afforded to them in these matters. There are three provisions under Louisiana's family law governing grandparents' rights. These laws have different purposes but also complicate compliance.