Louisiana Rule for Divorce and to Set Visitation

State:
Louisiana
Control #:
LA-5497
Format:
Word; 
Rich Text
Instant download

Description

In this example, the petitioner states that the parties have lived apart for over 180 days since the filing of the petition for divorce pursuant to La. Civil Code Article 102. Petitioner further states that defendant has refused to allow him visitation with the minor child born of the marriage. Therefore, petitioner requests the court to order defendant to show cause why the divorce should not be granted and specific visitation privileges awarded to plaintiff. An order to show cause is attached.
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FAQ

The law calls this reasonable visitation. Reasonable visitation generally means the parents of the child must come up with a schedule a parenting plan, which is a schedule with days and times for visitation.The custodial parent has no legal duty to agree to any proposed visitation scheduled.

If by dating you mean going out, yes. If you have sexual relations with someone before your divorce is final (even after you have filed for divorce, but before the divorce is granted by the Court), you are committing adultery. If your ex proves that, he or she can get an immediate divorce based on your adultery.

Legally, you can date while going through divorce proceedings. If you have a covenant marriage, as recognized by the state of Louisiana, you may need to go through significant counseling before moving on, including dating, since a covenant marriage makes it much more difficult to pursue divorce.

The relationship between the child and each parent. The relationship between the child and any siblings residing in the parents' households. Each parent's ability to care for the child. Each parent's ability to provide shelter, clothing, and food for the child.

Louisiana law states that a child has a right to time with both parents, so if the court awards one parent primary physical custody, the judge will order visitation for the noncustodial parent.

Visitation rights may be determined by the agreement of the parents or by a court order if the parents cannot agree. Courts will generally consider the wishes of the child, if age appropriate, when reviewing custody and visitation issues.The parents can draft a specific agreement which may include: Specific weekends.

If there is a valid, court-approved custody order in force, denying visitation is illegal and can have serious legal repercussions for the parent who denies visitation.However, the custodial parent must still take specific steps before denying visitation, such as notifying the appropriate authorities.

Unfortunately, there is no law requiring parents to meet halfway during time-sharing to exchange the children.

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Louisiana Rule for Divorce and to Set Visitation