Hosston Adoption Lawyer, Louisiana

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Richard Eugene Griffith Lawyer

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J Ransdell Keene Lawyer

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J. Dhu Thompson Lawyer

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LEGAL TERMS

COLLUSION

Secret cooperation between two people in order to fool another. Collusion was often practiced by couples before no-fault divorce in order to make up a grounds f... (more...)
Secret cooperation between two people in order to fool another. Collusion was often practiced by couples before no-fault divorce in order to make up a grounds for divorce (such as adultery). By fabricating a permitted reason for divorce, colluding couples hoped to trick a judge into granting their freedom from the marriage. But a spouse accused of wrongdoing who later changed his or her mind about the divorce could expose the collusion to prevent the divorce from going through.

FOREIGN DIVORCE

A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are r... (more...)
A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are recognized as valid if the spouse requesting the divorce became a resident of the state or country granting the divorce, and if both parties consented to the jurisdiction of the foreign court. A foreign divorce obtained by one person without the consent of the other is normally not valid, unless the nonconsenting spouse later acts as if the foreign divorce were valid, for example, by remarrying.

FAULT DIVORCE

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorc... (more...)
A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorce from the 'guilty' spouse. Today, 35 states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity and incurable insanity. These grounds are also generally referred to as marital misconduct.

PHYSICAL INCAPACITY

The inability of a spouse to engage in sexual intercourse with the other spouse. In some states, physical incapacity is a ground for an annulment or fault divor... (more...)
The inability of a spouse to engage in sexual intercourse with the other spouse. In some states, physical incapacity is a ground for an annulment or fault divorce, assuming the incapacity was not disclosed to the other spouse before the marriage.

PREMARITAL AGREEMENT

An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometim... (more...)
An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometimes whether alimony will be paid if the couple later divorces. Courts usually honor premarital agreements unless one person shows that the agreement was likely to promote divorce, was written with the intention of divorcing or was entered into unfairly. A premarital agreement may also be known as a 'prenuptial agreement.'

MISUNDERSTANDING

A mistake by both spouses in a marriage that can serve as grounds for an annulment. For example, if one spouse went into the marriage wanting children while the... (more...)
A mistake by both spouses in a marriage that can serve as grounds for an annulment. For example, if one spouse went into the marriage wanting children while the other did not, they have a misunderstanding that will be judged serious enough for a court to terminate the marriage.

CUSTODIAL INTERFERENCE

The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even... (more...)
The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even if the taker also has custody rights.

CUSTODIAN

A term used by the Uniform Transfers to Minors Act for the person named to manage property left to a child under the terms of that Act. The custodian will manag... (more...)
A term used by the Uniform Transfers to Minors Act for the person named to manage property left to a child under the terms of that Act. The custodian will manage the property if the gift giver dies before the child has reached the age specified by state law -- usually 21. When the child reaches the specified age, he will receive the property and the custodian will have no further role in its management.

CRUELTY

Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practi... (more...)
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practical matter, courts will accept minor wrongs or disagreements as sufficient evidence of cruelty to justify the divorce.

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. ...