Family legal matters can be some of the most emotional and challenging situations a person can face. Whether navigating a divorce, negotiating child custody, or handling the division of assets, having the right legal support can make all the difference. If you’re searching for a Lake Charles family lawyer, Fitz-Gerald, Hebert & Associates, located in Calcasieu Parish, is prepared to offer the legal guidance you need to navigate through the legal landscape.
Whether you’re ending a chapter or starting a new one, we can help you move forward with confidence.
Family Law
Our attorneys have extensive experience with family law. We represent clients in a variety of family law matters:
- divorce
- child custody
- spousal support
- property partitions
- adoptions
We are here to assist you at every step of the process, from legal counsel to emotional support. We know how important family is and we strive to get you the results you want. At Fitz-Gerald, Hebert & Associates you know you can count on open communication and a personalized approach to your case.
Divorce Representation in Lake Charles
Louisiana offers fault-based and no-fault divorce options. In a no-fault divorce, spouses must live separately for a specified period of time before the court can finalize the dissolution of marriage. Fault-based divorces, on the other hand, don’t require a waiting period. Overall, Louisiana reported a relatively lower divorce rate of 0.7 per 1,000 inhabitants.
At Fitz-Gerald, Hebert & Associates, our attorneys guide clients through every step of the divorce process, from filing the initial petition to negotiating settlements for finances, custody, and asset division. We can also prepare to take the case to court if necessary.
Child Custody and Visitation Agreements
Parents want what is best for their children, and so do the courts. In Louisiana, priority is always given to what is in the best interest of the child. Whether you’re seeking to establish custody, modify an existing order, or enforce visitation rights, the team at Fitz-Gerald, Hebert & Associates can help. Factors the judge may take into consideration include:
- Each parent’s ability to provide a stable home
- The emotional ties between the child and each parent
- The history of each parent’s involvement in the child’s life
- Any history of domestic violence or substance abuse
Custody arrangements can involve joint custody, where both parents have decision-making authority and spend time with the child, or sole custody, where one parent assumes primary responsibility.
Modifications to custody orders may become necessary due to relocation, changes in parental fitness, or new life circumstances. At Fitz-Gerald, Hebert & Associates, our team can help clients establish and modify custody agreements to align with the best interests of the child.
Spousal Support (Alimony) in Louisiana
Spousal support can be temporary or permanent, depending on the circumstances. Temporary support is often given while the divorce is pending, while permanent support can be awarded if one spouse demonstrates financial need and the other has the means to provide support.
Factors the court considers when awarding spousal support include:
- The marriage length
- The income and earning potential of each spouse
- Contributions made by one spouse to the other’s education or career
- The standard of living maintained during the marriage
Spousal support can be modified or terminated if there are substantial changes in circumstances, like a remarriage or a significant change in income.
Property Division and Community Property Laws
Louisiana is a community property state, which means most assets and debts acquired during the marriage are equally divided in a divorce unless otherwise agreed upon. Exceptions include inheritances, gifts, and any assets owned before the marriage. Common assets subject to division include:
- Real estate (homes, rental properties, land)
- Bank accounts and investments
- Retirement funds and pensions
- Businesses and professional practices
- Vehicles and personal property
If spouses can’t reach an agreement regarding property division, the court can divide property equitably, which may not always mean a 50/50 split. Factors like financial contributions and economic need can influence the final outcome.
Adoption and Family Growth
Adoption is one of the most rewarding legal processes for a family, but it requires careful navigation of Louisiana’s adoption laws. Common adoption types include:
- Agency adoptions (through state or private agencies)
- Independent adoptions (arranged directly between birth and adoptive parents)
- Stepparent adoptions (a spouse legally adopting their partner’s child)
- Grandparent or relative adoptions (when a family member assumes parental rights)
The adoption process typically involves home studies, background checks, and legal termination of parental rights for the biological parent(s), if applicable. At Fitz-Gerald, Hebert & Associates, our attorneys help families complete the necessary legal steps to bring their children home.
Local Resources for Adoptive Parents
To ensure families have the support they need after adoption, the Louisiana Department of Children & Family Services (DCFS) offers counseling and assistance to families. Additionally, Volunteers of America Southeast Louisiana works to help families transition smoothly post-adoption by helping to address challenges that may arise.
FAQs
In Louisiana, a child’s preference may be considered by the court, but it’s not the deciding factor. Judges evaluate the child’s maturity and reasoning before giving weight to their choice. The final decision is based on the best interests of the child, which includes stability, parental fitness, and overall well-being.
If your spouse refuses to sign the divorce papers, the process can still go ahead. If the required separation period is met, the court can grant a divorce by default, which means the non-responsive spouse loses their opportunity to contest the terms. This can apply to property division and custody decisions.
In certain circumstances, a grandparent can file for custody of a grandchild in Louisiana. If the grandparent can prove that living with a parent is harmful to the child’s well-being due to neglect, abuse, or abandonment, the court may grant custody or visitation rights. However, courts generally prioritize parental rights unless there’s strong evidence that alternative custody is in the child’s best interest.
A parent planning to relocate more than 75 miles from their current residence must provide written notice to the other parent at least 60 days in advance. If the other parent objects, the court then holds a hearing to determine whether the move is in the child’s best interests before granting or denying permission.
Local Representation From Fitz-Gerald, Hebert & Associates
Working with a Lake Charles family lawyer who understands the local courts and community provides significant advantages. The 14th Judicial District Court has specific rules and procedures for family law cases, and attorneys familiar with its judges and filing requirements can make a difference in how efficiently a case is resolved.
With over 80 years of combined experience, the team at Fitz-Gerald, Hebert & Associates is committed to guiding clients through family law matters with compassion and strong legal strategy. Contact us today to schedule a consultation and take the first step toward a new chapter.
Results
That Matter.
More Than 80 Years Combined Experience