For a divorce attorney to advise their client not to follow a court order can be daunting. The law, however, allows for it in some limited situations.
I have written many articles on the subject of child custody in Louisiana, and also specifically how a divorce attorney will approach a case. It is also important to consider that when a Louisiana court enters their judgment, they do so with the full effect of law. Parents subject to their decree are ordered by the state of Louisiana to comply. We can see this idea codified in Louisiana Civil Code article 136.1.
As is typical with many Louisiana laws dealing with child custody, here we see once again the theme that a child’s rights and welfare are to be considered in the highest regard: “[A] child has a right to time with both parents.” However, Article 136.1 is also interesting because it forces parents to have “good cause” for not honoring a court-ordered custody arrangement.
So what exactly is “good cause”? Well, it is difficult to say without more facts. Each case will have different variables. Having said that, there are some general circumstances where a divorce attorney might find good cause to exist, or not exist.
For example, let’s say that two parents have joint custody of their child, and the terms of that custody are that the child will live with each parent equally every two weeks. About a year after the custody is established by the court, with or without the assistance of a divorce attorney, the mother begins to notice that her child always returns from his father’s house with bruises on his face and body. Initially, the mother does not think anything of it, but after a couple months she becomes scared and suspicious of what is happening to the child at his father’s house. She questions her child, and her child eventually admits that the father drinks very often, and that he routinely beats the child. In fact, the child tells his mother that the last time he was at his father’s house, his father said he was going to kill him.
This is an example where the mother probably has good cause to violate the terms of the court awarded custody. If she has reason to believe that honoring the custody arrangement could result in imminent harm to her child, she has no choice but seek the redress of a court.
On the flip side, let’s say that the father does not beat the child, but gives the child a lot of candy whenever they are together. The child always returns to his mother’s house with a backpack full of chocolates and other sweets that his father has given him. The mother takes her child’s dental health very seriously, and she has begun to worry that the father giving the child all of these candies is going to rot his teeth. In this case, the mother probably does not have good cause to violate the court ordered custody.
This article is written with the sole intention of providing information. It is not legal advice. Will Beaumont is a divorce attorney in New Orleans.
ABOUT THE AUTHOR
Prior to initially deviating from a court order without the consent of the other parent, it is strongly advisable that you consult with a divorce attorney. Metairie has a number of options, and one is Will Beaumont, who can be contacted here at Beaumont Divorce of Metairie, 3814 Veterans Memorial Blvd #302, Metairie, LA, 70002 (504) 834-1117. http://www.beaumontdivorce.com/metairie/
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