Practice: Family Law

Generally

“Family Law” covers family-related issues and domestic relations such as:
  • the nature of marriage and domestic partnerships;
  • issues arising during marriage, including spousal abuse, legitimacy, adoption, termination of parental rightssurrogacy, child abuse, and child abduction;
  • the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimonychild custody, visitation and child support awards.
Marriage
Although we often have romantic notions of marriage, marriage is also a legal and business union. Consulting an attorney before marriage can be useful in understanding what assets and resources should be shared and which will remain separate. This can often ward off 
potential disagreements such issues can create
. Such agreements are called premarital or prenuptial agreements. At the Law Office of Nathan G. Frazier, we can help you analyze such issues and help create an agreement that protects both parties. 

Divorce
Divorce terminates the marriage between two individuals. Once divorced, your right to marry someone else is restored. In Louisiana, this process also involves the division of marital assets and debts ("community property") and determines the care and custody of the children

Louisiana allows for no-fault divorce in which the spouses are not required to prove that the other caused the breakdown of the marriage. This means that either you or your spouse may obtain a divorce, even if one of you does not consent to the divorce. Louisiana also allows for fault-based divorces, such as when one party has suffered from adultery. 

In most divorces, the primary issues to be decided are alimony or spousal support, property division, and, if there are children, child custody, visitation, and child support. When spouses agree on how to resolve these issues, they can usually obtain a divorce quickly. However, in many cases, divorcing spouses have disputes regarding their post-marriage financial arrangements and the care and custody of their children. Property division and alimony are often hotly contested issues in divorce proceedings, but the early advice of a family law attorney may be able to impact the ultimate result favorably.

Child Custody, Support and Visitation

Parents are obligated to emotionally and financially support their children. This obligation lasts until the child becomes an adult or becomes self-supporting. An order for child support may be entered during or after a divorce, and either parent may be ordered to pay support depending upon how custody is arranged. In most states, an unmarried mother may also file a petition for child support in family court, and an order for support will be entered once paternity has been established.

Failing to pay child support obligations is a crime. Every state has a child support enforcement office that works with the family court to suspend professional or business licenses, suspend driver and recreational licenses, require payment of future owed sums in advance, or place non-paying parents in jail when child support obligations are overdue. Because of the state specific requirements involved in child support, you need the advice and involvement of a family law attorney who can guide you through the process. 

Adoption
In Louisiana, every adoption requires the action and approval of a court in order to determine whether the action is in the "best interests of the child." Louisiana has enacted procedures to assess the fitness of the adopting parents. Adopted children receive all the benefits afforded to natural children, and parents owe adopted children the same legal duties of care and support owed to a natural or birth child of the marriage. If you are considering adopting, the Law Office of Nathan G. Frazier can help both adoptive and birth parents throughout all phases of the adoption process.

To learn more about divorce, separation, child support or child custody matters, call 337-981-3577 today. 

The law office of Nathan G. Frazier is located in Lafayette, Louisiana and provides legal representation to clients throughout Louisiana, including the cities of Lafayette, Abbeville, Breaux Bridge, Church Point, Crowley, Franklin, Opelousas, New Iberia and Rayne and throughout Lafayette Parish, St. Martin Parish, St. Landry Parish, Acadia Parish, Vermilion Parish, Jeff Davis Parish and St. Mary Parish. 

Legal Disclaimer
This website does not offer you legal advice nor does it constitute the creation of an attorney-client relationship. This website contains general information and is no substitute for talking to a licensed attorney. If you need legal assistance, you must call and speak to me or another licensed attorney in your area as soon as possible. Many legal actions and defenses are subject to strict time limits so you must act quickly to protect your rights.