New Orleans Family Law Blog

When Louisiana parents are faced with a challenge to their parental rights, there are no words that can properly describe the stress and anxiety that follows. When the state acts to remove a child from his or her home, the parents are often at a distinct disadvantage. States have a number of tools at their disposal in these cases, including attorneys, social workers, guardian ad litems and individuals tasked with making child custody evaluations. Parents are allowed the right to an attorney, but many do not have the resources to match those that the state can gather. This can lead to controversial and distressing child custody outcomes, including a recent case in which children may have been wrongly placed in harm's way by state authorities.

The case centers on a family in which the man and woman have a history of domestic violence. Their 5-year-old twins and an older child belonging to the mother were removed from the home, based on the court's belief that there were issues of neglect and that the children were witnesses to acts of domestic violence. The children were placed into a foster home.

For many Louisiana residents, the division of retirement assets is a primary focus during the property division process. In fact, there are many families in which retirement savings comprise the bulk of marital wealth. Getting things right during the division of these assets is important, and should be a priority. To that end, it is important to carefully review the QDRO to ensure that there are no costly errors or omissions present.

A QDRO stands for Qualified Domestic Relations Order. This is the document that dictates how retirement assets are to be divided between parties to a divorce. Aside from getting the basic math correct, a QDRO must also carefully adhere to the requirements of each specific retirement plan.

When faced with a custody battle, many Louisiana parents are primarily concerned on providing their child or children with a safe and stable home environment. However, there are certain financial ramifications that come with various custody outcomes, including sole custody. A parent who is able to secure sole custody of one or more children will have a significant change in his or her tax obligations.

Those changes began with an alteration in the parent's tax filing status. While married, most individuals elect to file their taxes under the status of "married." Once divorce has taken place, spouses usually have the option of filing their next full tax return as either "single" or "head of household." Filing as head of household can have a significant positive impact on a parent's tax return.

When two Louisiana parents share a child but are no longer romantically involved, there is usually an agreement in place that outlines the division of parenting time and responsibilities. Over time, that agreement might need to be modified if circumstances change or if the custody or visitation arrangement is not in the best interests of the shared child. An example is found in the case of a father who is seeking a greater degree of responsibility after his daughter gained notoriety after an appearance on a talk show.

The child is 13 years old, and was featured on an episode of Dr. Phil. Her rude and dismissive attitude led a section of the video to go viral. She has since become the subject of numerous memes. She has also gained a minor degree of fame, and has been invited to appear on other television programs and to travel to Los Angeles.