Berwick Adoption Lawyer, Louisiana

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LEGAL TERMS

SPOUSAL SUPPORT

See alimony.

SOLE CUSTODY

An arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.

EQUITABLE DISTRIBUTION

A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equit... (more...)
A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equitable means equal, but in practice it often means that the higher wage earner gets two-thirds to the lower wage earner's one-third. If a spouse obtains a fault divorce, the 'guilty' spouse may receive less than his equitable share upon divorce.

SEPARATION

A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though... (more...)
A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though they may continue their relationship. A legal separation results when the parties separate and a court rules on the division of property, such as alimony or child support -- but does not grant a divorce.

DEFAULT DIVORCE

See uncontested divorce.

STEPPARENT ADOPTION

The formal, legal adoption of a child by a stepparent who is living with a legal parent. Most states have special provisions making stepparent adoptions relativ... (more...)
The formal, legal adoption of a child by a stepparent who is living with a legal parent. Most states have special provisions making stepparent adoptions relatively easy if the child's noncustodial parent gives consent, is dead or missing, or has abandoned the child.

HEARING

In the trial court context, a legal proceeding (other than a full-scale trial) held before a judge. During a hearing, evidence and arguments are presented in an... (more...)
In the trial court context, a legal proceeding (other than a full-scale trial) held before a judge. During a hearing, evidence and arguments are presented in an effort to resolve a disputed factual or legal issue. Hearings typically, but by no means always, occur prior to trial when a party asks the judge to decide a specific issue--often on an interim basis--such as whether a temporary restraining order or preliminary injunction should be issued, or temporary child custody or child support awarded. In the administrative or agency law context, a hearing is usually a proceeding before an administrative hearing officer or judge representing an agency that has the power to regulate a particular field or oversee a governmental benefit program. For example, the Federal Aviation Board (FAB) has the authority to hold hearings on airline safety, and a state Worker's Compensation Appeals Board has the power to rule on the appeals of people whose applications for benefits have been denied.

NEXT FRIEND

A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children a... (more...)
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as 'next friends.'

ADOPTIVE PARENT

A person who completes all the requirements to legally adopt a child who is not his or her biological child. Generally, any single or married adult who is deter... (more...)
A person who completes all the requirements to legally adopt a child who is not his or her biological child. Generally, any single or married adult who is determined to be a 'fit parent' may adopt a child. Some states have special requirements, such as age or residency criteria. An adoptive parent has all the responsibilities of a biological parent.

SAMPLE LEGAL CASES

In re Intrafamily Adoption of LMC

LC [1] was born on October 10, 2002 of the marriage between WS and PC On October 13, 2006, WS obtained a judgment of divorce based on La. CC art. 103 in the Twenty-Fourth Judicial District Court. In that same proceeding, on December 21, 2006, the parties were granted ...

In re WEB

980 So.2d 123 (2008). WEB Applying for Adoption. No. 2007-1395. Court of Appeal of Louisiana, Third Circuit. March 5, 2008. ... THIBODEAUX, Chief Judge. The stepfather of two minor children petitioned for intra-family adoption. ...

In re BES

15 So.3d 133 (2009). In re BES Applying for Intrafamily Adoption. No. 08-CA-777. Court of Appeal of Louisiana, Fifth Circuit. May 6, 2009. ... WALTER J. ROTHSCHILD, Judge. This is an appeal from a judgment of the trial court denying a petition for intrafamily adoption. ...

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