Family Law
With more than two decades of experience in assisting people with their most personal matters, Betsy A. Fischer, LLC, has learned the strategies needed to help people manage the legal issues that may arise during difficult family conflicts. We emphasize a personalized style of legal services in which we maximize contact between the clients and the family law lawyer, thereby establishing an attorney-client relationship that creates an environment within which clients feel comfortable discussing sensitive issues.
We regularly help clients needing legal advice regarding their divorce and divorce-related disputes throughout Louisiana including Metairie, New Orleans, Kenner, Gretna, Mandeville, Covington, Abita Springs, Slidell, Chalmette, Harvey, Destrehan, Luling, St. Rose, Jefferson Parish, Orleans Parish, St. Tammany Parish, St. Charles Parish, St. Bernard Parish St. John the Baptist Parish.
Personalized Family Legal Services
In addressing our clients’ needs, we take into account their own emotional situations and provide them with compassionate assistance. We advise our clients not only in divorce matters but also in those difficult times late in a loved one’s life when he or she may be struggling with end-of-life issues. Our experience with family law cases, and the family court system enables us to recognize when resolving these conflicts does and does not require going to court and trying a case.
We do not simply apply cookie-cutter solutions to complicated problems. Our experience with negotiating cooperative agreements doesn’t mean we shy away from the toughest divorces. Our firm is prepared to deal with divorces that involve issues such as domestic violence, restraining orders, and child abuse.
Adoptions
Stepparent & Grandparent Adoptions
Adoption law is another area of family law that is undergoing dramatic growth. More and more people are interested in legally formalizing their relationships for a number of reason, not the least of which are health care, education and inheritance.
Because adoption can be such a client-specific and needs-based area of practice, the personal approach of Betsy A. Fischer, LLC, becomes particularly helpful in these matters. We help grandmothers adopt grandchildren, aunt and uncles adopt nieces and nephews, step parents adopt step children. Many times, these adoptions can also provide better financial security for the children through the use of Social Security funds and other financial resources.
Louisiana Adoption Lawyers For Over 30 Years
For more than 30 years, our firm has compassionately assisted family members in managing their most personal and sensitive difficulties. Adoption is no different. Our firm handles the entire range of adoption cases from traditional adoption through the newer forms that adoption is taking today. In all of these situations, we understand that no adoption is routine. Every adoption poses its own unique issues. We make it our job to respond to those issues sensitively and with care, knowing that each of our clients has entrusted the future of his or her family to us.
LGBTQ+ Adoptions
In Louisiana, adoption and foster care rights have been at the forefront of discussions around LGBTQ+ family law. In the past, there were several barriers for LGBTQ+ individuals and couples seeking to adopt or foster. Thankfully, shifts in societal attitudes and legal perspectives have led to significant progress. Today, the law permits same-sex couples to adopt jointly and bans discrimination in foster care based on sexual orientation. Still, challenges persist, particularly around issues such as second-parent adoption and birth certificate amendments.
Document Preparation Services for Family Law Matters
Navigating the legal system can be complex, especially when it comes to preparing the necessary documents for family law cases. To assist those who need legal documentation but do not require full legal representation, our firm offers comprehensive document preparation services for a flat fee. This service is designed to help you ensure that your paperwork is correctly completed, giving you peace of mind.
Whether you need documents for a relocation of a minor child, an ex parte petition for custody, or other family law matters such as divorce, support, or custody agreements, our attorneys can guide you through the documentation process with clarity and precision. Our goal is to help you manage the paperwork so you can focus on your case.
*Please note that this service is limited to document preparation and does not include legal representation or advice. It is intended for individuals who feel comfortable representing themselves in court but need assistance in preparing the required legal documents. Our office can only prepare documents for cases in the State of Louisiana. This service is only for the preparation of family law documents.*
Domestic Violence
Accusations of domestic violence can lead not only to criminal charges, but also to separate family law proceedings for a restraining order (sometimes called a protective order). This order prevents the accused from contacting, harassing or abusing the accuser.
Protective orders extend to situations involving harassment, abuse or attempted abuse between family or household members such as:
- Spouses and ex-spouses
- Intimate partners and former partners
- Parents and children
- Elderly people and their family caregivers
Louisiana Domestic Violence Law
Typically, when accusations of domestic violence surface, the court will issue a temporary, short-term order on an emergency basis. The person accused of abuse will not have the opportunity to object at this stage — and likely will not even know about it until the order gets served on him or her.
Within a few weeks, the court will hold a hearing to determine whether to extend the order. Both sides will have the opportunity to present evidence and call witnesses. Long-term orders can be in place for up to 18 months, and certain portions of these orders can be indefinite.
Accused Of Domestic Violence?
If you become the subject of a temporary restraining order, it is critical to consult with a lawyer. Failing to do so could result in significant consequences. You could be prevented from contacting your spouse or intimate partner for months or years. Likewise, you could be legally required to stay away from that person’s home or place of employment. Allegations of domestic violence can also impact divorce or child custody proceedings.
Assisting Clients With Domestic Violence Cases
At the law firm of Betsy A. Fischer, LLC, we handle protective orders for those on both sides of this sensitive and emotional issue. Whether you are seeking to file a restraining order or defend against one, our lawyer can apply more than 20 years of experience to guide you through the process.
We provide practical, real-world advice for men and women navigating domestic violence issues.
Custody Modifications
Life is full of changes. Children grow, jobs shift, people move, circumstances change. Your existing child custody arrangement may no longer fit the needs of your family. In such cases, you may wish to pursue a modification.
How To Modify Child Custody In Louisiana
In Louisiana, the legal standards for modifying custody depend on the type of order.
- A consent decree (or order that both parties agreed to) can be changed by demonstrating a material change in circumstances. The court will also consider whether the proposed change is in the best interests of the child.
- A considered decree (or decision the judge made after hearing testimony and evidence) can only be changed in limited circumstances. The party seeking the change must show that the existing arrangement is not in the child’s best interests. This is a heavier legal burden to satisfy, and it requires clear and convincing evidence.
If you are seeking a modification or child relocation, it is important to present a strong case with supportive evidence to persuade the judge that the change is both warranted and in the best interests of the children. Likewise, if you are opposed to a proposed modification, you will need to make cogent arguments.
At the law firm of Betsy A. Fischer, LLC, we can assess your situation and help you develop a strategic course of action for either modifying or opposing changes in child custody. You can rely on us for knowledgeable and practical guidance. With more than 20 years of family law experience, our lawyer, Betsy Fischer, understands the nuances of child custody modifications inside and out.
Emergency Custody Changes
In extreme situations, you may need to pursue a temporary change in custody on an emergency basis. To do so, you must demonstrate that the existing arrangement puts the children in danger.
Examples of circumstances that may warrant an emergency modification include:
- Abusive behavior or threats of abuse by the other parent
- Drug or alcohol abuse that jeopardizes the children’s safety
- Abandonment or neglect
If you believe an emergency custody order is necessary or to learn more about Louisiana’s child custody laws, set up a consultation with attorney Betsy Fischer by contacting our office in Metairie, Louisiana, at 504-780-8232.
Grandparent Rights
Grandparent rights are the rights of a grandparent regarding visitation and custody of grandchildren. Depending on the circumstances, grandparents in Louisiana have the legal right to request reasonable visitation with their grandchildren. This is a right that can only be exercised by biological grandparents.
There are various circumstances when a grandparent can have visitation rights even if the parents are still together, but this is only for extraordinary circumstances, which include:
- one of the parents has been imprisoned or has been deemed legally incapacitated.
- one or both parents have a hazardous controlled substance addiction, or
- due to a parent’s abuse or neglect, the child is placed in foster care.
In order to get visitation rights, the grandparents have the burden of proof. They must demonstrate a legal right to court-ordered time and that the planned visits are in the best interests of the child. In rare cases, grandparents can obtain custody of the children if the court finds that living with the parents would be detrimental to their health and not in their best interest.
Paternity & Filiation
Legal parenthood and biological parenthood are not always the same thing. For example, in some situations, the father of a child born to unmarried parents may not have the rights and responsibilities of a legal father until paternity is established. Likewise, the biological father of a child born out of an extramarital affair will likely not automatically be deemed a legal parent of the child. Paternity and filiation serve to establish legal parenthood (usually fatherhood). They are typically the gateway to creating and enforcing the legal rights and responsibilities that accompany parenthood.
It is important to seek skilled legal advice regarding paternity issues. In the Metairie area, we invite you to contact the law firm of Betsy A. Fischer, LLC. We can help you find answers and develop a plan for your situation. You can rely on our attorney’s 20-plus years of experience handling complex family law issues, including paternity and filiation matters.
The Intersection Between Paternity And Parental Rights And Responsibilities
If you are seeking child custody rights but the law does not yet recognize you as a parent, paternity is the first essential step to securing your parental rights. Unmarried fathers must generally sign and file a declaration of paternity to establish the legal parent-child relationship. If a dispute arises regarding legal parenthood, the court may order a DNA test to identify the biological mother or father.
For mothers seeking to hold the child’s biological father accountable for child support, paternity may become a necessary first step in the process.
Paternity And Extramarital Affairs
Paternity can quickly become a complicated issue when children are born out of extramarital affairs. The law generally presumes that the husband of a married woman is the father. Navigating paternity issues in such cases demands a thorough knowledge of applicable statutes and case law.
Our lawyer has the high level of knowledge and experience required to navigate these difficult situations. She provides discreet and sensitive guidance with the highest level of dignity, respect and confidentiality.
Prenuptial & Postnuptial Agreements
As families become more aware of how clear rules and guidelines can help their families succeed and emotionally flourish, postnuptial and prenuptial agreements have gained in popularity. Clients understand that being able to proactively identify and manage potentially difficult situations before they arise often helps a marriage succeed.
Instead of attempting to resolve a dispute in the middle of heated emotional confrontations, a conflict can be nipped in the bud by a prenuptial or postnuptial agreement.
Serving New Orleans, Metairie And Southeast Louisiana with community property agreements and settlements
Betsy A. Fischer, LLC, has more than 20 years of experience assisting families on a case-by-case basis with their most difficult and complex personal problems. We understand family conflict and how to manage it effectively. We will gladly help you understand whether and how a prenuptial or postnuptial agreement can enhance your family’s life.
One of the more common scenarios we assist clients with is using a prenuptial agreement to terminate the community property regime. Terminating the community property regime means that the property of each spouse belongs to that spouse only, not to both spouses at the same time. These agreements are particularly useful where the spouses anticipate future circumstances such as the taking on of business debt and the possibility of creditor action against one of the spouses.
The community property regime can also be terminated after the marriage has begun. A postnuptial agreement can terminate the community property regime. In doing so, some of our past clients have succeeded in saving their marriages.
These are only some of the situations that a postnuptial or prenuptial agreement can address. If you would like to learn more about how such agreements might be able to help your family focus on the emotional health of your family without being distracted unnecessarily by money and property issues, you can contact our firm today.
Serving New Orleans, Metairie and surrounding parishes – Contact Us Today
To discuss your matter with an experienced attorney serving Metairie and all surrounding areas, please call our firm at 504-780-8232. You can also make an appointment for an entirely confidential initial consultation at a reduced rate with attorney Betsy Fischer by contacting the firm online.