In cases of divorce, it's common to want to have joint custody with your spouse. It's often preferable for parents to decide on custody and visitation on their own, but when they can't, the courts can step in an appoint times for each parent to be with a child. If you're going through a divorce in New Orleans and are having difficulties deciding on visitation and custody rights, make sure you're clear on your rights as a parent.
One recent case that has been in the news that may interest you has been one discussing the rights of a biological father whose child was in the middle of a bitter custody dispute with her new adoptive parents. According to the report, the girl's mother put up her baby girl immediately after her birth. However, the father is a member of the Cherokee Nation, and he and his family allegedly claimed that the Indian Child Welfare Act mandated that the child would grow up with the Cherokee Nation. At the age of two, the little girl was placed into custody with her father.
The interesting part of this story is that the South Carolina court decided that the girl should be with her biological father according to that specific law, but the U.S. Supreme Court disagreed and granted the adoptive parents custody again. An Oct. 2 report shows that according to the U.S. Supreme Court, the child's father had not been a part of her life up to that point, so the law should not apply. The child has now been returned to her adoptive parents.
While the parents of this child were not married, this case highlights how contentious child custody battles can become. Divorces can be difficult, and it's important to always make decisions based on what is best for the child involved when it comes to custody. You may want to consider the impact the divorce has on your child, and the needs he or she has for each parent. The judge hearing your divorce proceedings will decide custody based on what is best for the child, so it is best to try to work out custody details with the other parent that is beneficial to everyone involved.
Source: WWLTV.com, "SC gov drops extradition for Cherokee girl's dad" No author given, Oct. 02, 2013