Baton Rouge Attorneys | Family Law, Personal Injury, Criminal Defense Lawyers Clary, Suba & Associates
Baton Rouge Law Firm


Company & Legal News

Company & Legal News

Posts tagged Family Law

Parenting effectively through divorce and other family law issues is hard! Parents and children alike need all the help they can get during times of adversity. Parenting coordination fills a need that many Baton Rouge parents do not even know that they have, but what is it exactly?

If you are getting a divorce or already divorced, you are likely very familiar with conflict. It plagues split families relentlessly, often lasting well into a child's early adulthood or even their entire lives. Parenting coordination answers the need for stability, peace and cooperation between parents. As a non-confidential process centered on the children, coordination helps children by helping parents in conflict-filled family situations.

A parenting coordinator is an unbiased third-party--usually a legal or mental health professional--trained to assist in high-conflict parental relationships. One of the main goals of parenting coordination is helping families put parenting plans into place and then abiding by the terms of these plans. Coordinators also help in other ways, including:

  • Educating co-parents about children

  • Monitoring the behavior of each parent

  • Helping parents resolve their disputes

  • Making suggestions or recommendations

The list above is far from exhaustive as parental coordinators often help parents address serious family law issues as well. Examples include psychological assessments for children and substance abuse testing for parents and/or children.

Most co-parents in Louisiana will never need a parental coordinator. However, if you hear this term in a family law court, it is probably a good idea to ask an attorney for guidance. Anything that can help children survive a divorce with their emotional and mental health intact is always worth pursuing.

Orion MeyersFamily Law

In Louisiana and other states, many couples are choosing to enter into a covenant marriage. In a nutshell, this family law term means that couples promise to remain married forever. While most people intend marriage to last forever anyway, how does a covenant marriage even work?

According to the state's Department of Health, couples must agree to two significant provisions when choosing a covenant marriage.

  • The parties make a legal agreement to pursue counseling if their marriage begins to deteriorate

  • The spouses may only seek to divorce or separate legally for specific and limited reasons such as abuse, adultery or abandonment

The impetus behind these unions is to preserve the covenant of marriage, which has suffered greatly in recent decades with so many marriages ending in divorce. However, it is wise for couples to learn as much as possible about covenant marriages before entering into one. The following pros and cons of such unions can help you decide if it is the right choice for you.

  • Pro: Requires pre-marital counseling, which can help couples avoid relationship issues that might arise

  • Pro: Strengthens the bonds between all members of the family

  • Pro: Agreeing to take marriage preservation steps in the face of adversity can make a marriage stronger

  • Con: It is typically more difficult to get a divorce

  • Con: Some consider these unions "too religious" in nature

  • Con: The difficulty in divorcing can pose financial hardships for each spouse

Before agreeing to a covenant marriage, it is wise to explore the matter further by speaking with a family law attorney. With sound legal guidance, you can avoid ending up in an unsatisfactory relationship from which it is hard to break away.

Orion MeyersFamily Law

You and your spouse are preparing for a divorce. In addition to dividing your assets, you may also be wondering whether you’ll be responsible for your spouse’s debt.

Continue reading to learn how Louisiana handles marital debt and what you can do about it.

Defining community debt vs. separate debt

Louisiana defines community debt as debt acquired from the day your marriage began until the day of your divorce. Such debt must have either been acquired for both spouses’ interest or acquired by one spouse for the other spouse’s interest. Both parties are responsible for such debt. In the event of a divorce, community debt is divided in a 50/50 split.

Separate debt describes the personal debt you acquired—usually before your marriage—which you are solely responsible for.

How to start dealing with your community debt

You may be so overwhelmed with your and your spouse’s debt that you don’t know what to do next. You will have to work with your spouse in some capacity to deal with your marital debt, so it’s important to remain cordial.

A good place for both of you to begin is by making separate lists where you document the debt you individually brought into the marriage. After that, you can start on a list of the debt you have acquired since you got married. These kinds of debts could be auto loans, credit cards, mortgages, personal loans and student loans. Determining the exact amount of debt will help you to set up a debt repayment plan.

After your divorce is final, you’ll still want to make sure your ex continues paying their part of your shared debt. It will also be useful to keep tabs on your credit report to make sure your ex is continuing to make payments. If not, this could negatively affect both of your credit scores.

Realizing how much debt you’ve acquired before and after getting married can be a stressful realization. By organizing a list of the debt you owe and the debt you and your ex owe together, you’re taking a step in the right direction.

Contact Us

Contact us with any questions you have regarding your divorce.

Orion MeyersFamily Law

The primary duty of a family court judge serving in Louisiana is to protect the best interests of children involved in family-related legal issues. In many cases, this means setting aside the expressed wishes of either or both parents. In fulfilling their duty to protect the state's most vulnerable citizens, family law judges must often make unpopular decisions.

One such unpopular decision is ordering a parent to engage in supervised visitation with a child. In short, supervised visitation means that the parent may only spend time with his or her child under the supervision of another adult. Judges issue such an order for a variety of reasons, all of them centered on protecting children from physical, mental and emotional harm.

Some of the most common reasons for supervised visitation include the following.

  • A history of physical, emotional or sexual abuse of the children

  • A history of physical, emotional or sexual abuse of the co-parent

  • A history of substance abuse

  • An uncontrolled mental illness that may pose the risk of harm to the children

  • A risk of possible abduction by the parent

  • A history of child neglect

  • A previously absent parent seeks to cultivate a parent/child relationship

  • A record of potentially dangerous familial situations

Although noncustodial parents feel disappointed about supervised visitation, it is important to understand that the court is doing its best to protect your children. Abiding by these orders allows you to spend time building a better relationship with your kids. In time, the court may permit regular visitation, but only if you comply with its existing orders.

Even though supervised visitation is often necessary, it is still wise to make sure your rights remain protected. A family law attorney can fill an important role in such matters as an advocate for both you and for your children. Please consider reaching out for legal guidance if you have received a court order for supervised visitation only.

Orion MeyersFamily Law

Couples that cannot have children on their own often turn to adoption to start a family. Accepting and loving children born to another person is a solution for all involved parties. However, adoption is an area vulnerable to fraud, especially when the parties do not get experienced legal guidance.

Anyone can be a victim of adoption fraud. The birth mother and the adoptive parents may suffer fraud perpetrated by a phony adoption agency, for example. Couples seeking to adopt a child may be victimized by someone claiming to be pregnant and in need of an adoptive family. The goal in all cases of adoption fraud is to bilk couples or pregnant women out of money. Unfortunately, heartache is a painful byproduct of fraud.

Following are some common warning signs of adoption fraud:

  • Pressuring parties to sign documents right away

  • The birth mother or an agency never returns your calls

  • Getting a "guarantee" about adoption (there are no guarantees)

  • Cannot or will not provide proof of a pregnancy

  • The birth mother will not attend meetings with a family law attorney or agency

  • Rushes or demands discussions about fees or other expenses

Adoption brings the joy of loving a child to potential parents and peace of mind to birth mothers. However, there is a right way and a wrong way to go about the process of adoption. Couples and birth mothers alike need protection when they enter into the adoption process. A great place to start is consulting with a family law attorney who can guide you toward legitimate prospects while spotting signs of fraud.

Orion MeyersFamily Law