Parental Authority should not be terminated upon divorce.
Per U.S. Supreme Court, parenting is a 'fundamental right'. A State may not interfere with it except for good cause.
Even the Europeans, another Civil Code State, have a better law than the Louisiana Proposal.
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So the state can take over your children. This is for no other purpose.
37-0??
That is insanity
I don’t understand the reasoning behind terminating parental authority upon divorce, can you explain why they are doing it?
If parental authority is terminated so should child support and alimony.
lets se if this works... Ping?
I don’t get it.
What in the name of all that’s logical are they thinking?? And I say this as a woman. I don’t understand at all.
No court should be able to terminate anyone’s parental rights without cause.
Does Jindal have to sign off on this?
IF I understand this correctly I cannot see this law NOT being abused (most certainly) by the Left as good enough reason for it to be shelved by the House.
Some things are best left alone.
There is hardly any oversight in Family court, you get nothing from this system but grief.
Storm the statehouse with riot police to arrest all who voted for this atrocity.
I am not a lawyer, but the article looked interesting so I did a little reading and I’m confused.
A summary of SB134 is here: http://www.legis.la.gov/legis/ViewDocument.aspx?d=944744. The Senate bill, with comments, is here: http://www.legis.la.gov/legis/ViewDocument.aspx?d=944623.
It seems to say that parental rights (of BOTH parents) terminate at divorce. This is existing law, the bill does not change that. Per Louisiana CC 131, “In a proceeding for divorce or thereafter, the court shall award custody of a child in accordance with the best interest of the child.” Other sections, not being modified, reference both sole and joint custody arrangements.
Can you point to the section in this bill which is causing concern?
If you are going to get a divorce and you have children, get the heck out of that State! This further discourages marriage!
How the hell did it pass?
For those who asked what they are missing, it is simply a clarification of long standing Louisiana law and a cleaning up of civil code and it’s ancillary (r.s. Chapter 9) language.
The concept is that joint parental authority is derived from the marriage. That joint authority, including the right to represent a child as embodied in civil code chapter 5 is terminated upon death, incapacity of a parent or divorce (when the judgement of divorce transfers it to one or both parents individually, as determined by the best interest of the child).
There is no change in the law, no sinister motive or hidden agenda.