Legal Question in Family Law in Louisiana

i live in La. My divorce was cut and dry due to adultery. The only terms for the children stated in divorce is that i have sole custody. We are 'amicably' working out the details of visitation and such between us. My question is, in relocation situation, how much is the spouse moving suppose to help the ex spouse in seeing the children, as far as expenses is concerned? pay all, half, some...? what if the children dont want to see him, ages 6, 8, 9, 11? And if disagreement over who claims them on taxes, the federal law says it goes to the one they live with most....if it went to court does the judge follow the federal law or override that with his own decision? remembering none of this was set up in divorce. from what i read, the federal law made that law to cover that exact situation, so would a court uphold that? and finally, if the ex left the children in the night alone, and they realized this and were afraid, and now are afraid of being left again (althought the spouse claims it was 'only a short while' and wont happen again) will a court take away his priveledge of having them overnight?


Asked on 5/24/12, 8:46 am

2 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

Louisiana law regarding custody revolves around the best interest of the children. Children's wishes are taken into consideration but are not the deciding factor in custody visitation decisions. It is presumed that both parents's presence and attentions are in the child's best interest. Leaving children the ages of yours is prohibited by law. While it may not prohibit overnight visitation, it would certainly be a cause of concern to the court. The cost of transportation is usually borne by the spouse who voluntarily relocates. The court will examine the particular circumstances in its decision. Usually the federal law is followed in regards to the tax refund but, again, it will depend on the circumstances and the amount of support being paid. Sole custody means you have all decision making powers in regards to the children. It should also mean that the court will award the tax refund to you. Visitation to your spouse will probably be minimal. Depending on the distance of the relocation, visitaion may be limited to school holidays.

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Answered on 5/24/12, 10:53 am


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