In Louisiana, if one of the parties to a marriage dies, is interdicted, or incarcerated, the parents of that party may have "reasonable visitation rights" to the child(ren), if such would be in their "best interest". Visitation may also be had when the parents live together in concubinage and one dies or is incarcerated; or, when parties to the marriage have been apart for six months.
To learn more about the louisiana law regarding Grandparents Rights to visit their grandchildren as well as the rights of siblings, visit LouisianaDivorceCourt.com and click "more forms" on the left of the page. LDC offers a Rule to Establish Grandparent Visitation, complete with instructions and outline of factors the court will consider for Only $39.99!
Showing posts with label Forms. Show all posts
Showing posts with label Forms. Show all posts
Monday, August 25, 2008
Wednesday, August 20, 2008
Freebies
Below are links to Louisiana Law Related forms free online!
Includes Application, Child Support Award Schedule and Obligation Worksheet(s)
Louisiana Office of Motor Vehicles (.pdf)
Tuesday, August 19, 2008
Contempt Forms
If someone has violated a court order, that person can be found in contempt and made to pay a fine or even go to jail. Our Contempt package will provide a form for setting a hearing date on the matter and provide details as to what factors the court considers and what a mover has to prove.
LouisianaDivorceCourt.com offers a Motion for Contempt for Only $19.99!
A Motion for Contempt can also be used in non-Divorce related matters. At a minimum, a motion for contempt can get an individual into court and in a position to tell the court what the other party has done in violation of the court's order. Check your local court for filing fees.
A Motion for Contempt can also be used in non-Divorce related matters. At a minimum, a motion for contempt can get an individual into court and in a position to tell the court what the other party has done in violation of the court's order. Check your local court for filing fees.
Tuesday, August 12, 2008
Child Relocation
One controversial issue in child custody today is relocation of the child by one parent, when there is no notification or consent of the other parent. Sometimes parents believe they get the upper-hand by moving the child away, when in fact they could be putting their own rights at risk by failing to follow proper procedure, not to mention the harm it could ultimately cause the child.
Relocation Defined
Louisiana Law, RS 9:355.1, defines "Relocation" as:
(a) Intent to establish legal residence with the child at any location outside of the state.
(b) If there is no court order awarding custody, an intent to establish legal residence with the child at any location within the state that is at a distance of more than one hundred fifty miles from the other parent. If there is a court order awarding custody, then an intent to establish legal residence with the child at a distance of more than one hundred fifty miles from the domicile of the primary custodian at the time the custody decree was rendered.
(c) A change in the principal residence of a child for a period of sixty days or more, but does not include a temporary absence from the principal residence.
Relocation Properly Done
In Louisiana, a parent can not and should not relocate a child's residence without providing the other parent a Notice of Relocation. The parent may also have to submit a Motion to Effect Relocation, if the court requires or if it is likely that the other parent will oppose the move. An opposing parent may object to the move by filing an Objection to Relocation.
Relocation Defined
Louisiana Law, RS 9:355.1, defines "Relocation" as:
(a) Intent to establish legal residence with the child at any location outside of the state.
(b) If there is no court order awarding custody, an intent to establish legal residence with the child at any location within the state that is at a distance of more than one hundred fifty miles from the other parent. If there is a court order awarding custody, then an intent to establish legal residence with the child at a distance of more than one hundred fifty miles from the domicile of the primary custodian at the time the custody decree was rendered.
(c) A change in the principal residence of a child for a period of sixty days or more, but does not include a temporary absence from the principal residence.
Relocation Properly Done
In Louisiana, a parent can not and should not relocate a child's residence without providing the other parent a Notice of Relocation. The parent may also have to submit a Motion to Effect Relocation, if the court requires or if it is likely that the other parent will oppose the move. An opposing parent may object to the move by filing an Objection to Relocation.
LDC offers a Notice of Relocation form and Motion to Effect Relocation, and Objection to Relocation forms, complete with instructions and outline of factors the court will consider at the hearing. Visit LouisianaDivorceCourt.com to order yours.
Monday, August 11, 2008
Acknowledgment of Paternity, Legitimation
Under Louisiana law, children are either legitimate or illegitimate. Legitimate children are those who are either born or conceived during marriage, or who have been legitimated by subsequent marriage or by an 'act' or declaration executed before a notary and two witnesses, declaring that it is the intention of the parent making the declaration to legitimate such child or children. In this way, even illegitimate children - those born out of wedlock, can be legitimated by proper form.
An alternative but related act is an Acknowledgment of Paternity. The acknowledgment of an illegitimate child is made by declaration executed before a notary and two witnesses, or it may be made in the registering of the birth or baptism of such child. There is a key difference between mere registration and formal acknowledgment, however:
An alternative but related act is an Acknowledgment of Paternity. The acknowledgment of an illegitimate child is made by declaration executed before a notary and two witnesses, or it may be made in the registering of the birth or baptism of such child. There is a key difference between mere registration and formal acknowledgment, however:
(1) An acknowledgment or declaration by notarial act is deemed to be a legal finding of paternity and is sufficient to establish an obligation to support an illegitimate child without the necessity of obtaining a judgment of paternity.
(2) An acknowledgment by registry creates only a presumption of paternity, which may be rebutted if the alleged father proves he is not the father.
LDC offers a Combined Act of Legitimation and Acknowledgment of Paternity for fathers who wish to legitimate and formally acknowledge their children as their own. This form can be purchased directly from LouisianaDivorceCourt.com
(2) An acknowledgment by registry creates only a presumption of paternity, which may be rebutted if the alleged father proves he is not the father.
LDC offers a Combined Act of Legitimation and Acknowledgment of Paternity for fathers who wish to legitimate and formally acknowledge their children as their own. This form can be purchased directly from LouisianaDivorceCourt.com
Wednesday, August 6, 2008
Louisiana No-fault Divorce, 103 Divorce
The no-fault divorce, sometimes referred to as a "103 Divorce" is the simplest kind, where the parties have already been separate for the required period of time. It requires no action on the part of the party who is served or who voluntarily signs a waiver of service.
The most common procedure for filing a no fault divorce in Louisiana is as follows:
A. Respect Filing Requirements and Waiting Periods
1. SEPARATE for six months (or 365 days if they are minor children).
2. FILE a verified Petition for Divorce in the domicile of either party or last matrimonial domicile
3. SERVE the other spouse with certified copy (or obtain a written waiver of service).
4. WAIT - the other spouse has 15 days to respond (30 if the spouse lives out of state), and if there is no response or Answer filed, then
5. SET a "Confirmation of Default" date two or more days after entry of "Preliminary Default", this is done by request through the Clerk of Court.
B. Appear in Open Court / Confirm Default
The most common procedure for filing a no fault divorce in Louisiana is as follows:
A. Respect Filing Requirements and Waiting Periods
1. SEPARATE for six months (or 365 days if they are minor children).
2. FILE a verified Petition for Divorce in the domicile of either party or last matrimonial domicile
3. SERVE the other spouse with certified copy (or obtain a written waiver of service).
4. WAIT - the other spouse has 15 days to respond (30 if the spouse lives out of state), and if there is no response or Answer filed, then
5. SET a "Confirmation of Default" date two or more days after entry of "Preliminary Default", this is done by request through the Clerk of Court.
B. Appear in Open Court / Confirm Default
1. APPEAR in open court on date of the hearing/confirmation with TWO witnesses who can testify that you've lived apart without reconciliation for the required time (180 or 365 days).
2. SUBMIT proposed Judgment for Judge's signature.
Alternative Endings
IF waiver is obtained, a default judgment may be entered on the date the affidavit is filed, proceed to A5.
IF an Answer is filed, then FILE a Motion to Set for Trial on the Petition, serve the other spouse, and proceed to B1.
Sample forms for a 103 Divorce can be purchased at LouisianaDivorceCourt.com
2. SUBMIT proposed Judgment for Judge's signature.
Alternative Endings
IF waiver is obtained, a default judgment may be entered on the date the affidavit is filed, proceed to A5.
IF an Answer is filed, then FILE a Motion to Set for Trial on the Petition, serve the other spouse, and proceed to B1.
Sample forms for a 103 Divorce can be purchased at LouisianaDivorceCourt.com
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