The Rights of Divorced Parents When Deciding on a School, According to Attorney William H. Beaumont

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With the school year quickly approaching, divorced parents must consider a few factors if looking to move out of the school district or out of state with children. Local New Orleans divorce lawyer, Will Beaumont discusses legal codes 9:336 and 9:335 with divorced parents to understand the laws that pertain to moving out of the State of Louisiana with children.

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Will Beaumont - Attorney

Ensure your rights are protected and decisions are made in the best interest of the child

According to attorney William H. Beaumont, after the school year comes to a close many families consider new alternatives to education for their children. In New Orleans, divorce proceedings and resolutions can complicate the situation. Many former spouses find that they are obligated to continue living within the same city when they have agreed to joint custody. Sometimes they have to live within the same school district in order for a child to continue attending the same school.

When spouses share joint custody, it often requires both parents to exchange important information regarding the health and welfare of the child. This includes education. Parents are typically obligated to confer with one another when exercising authority to make decisions for the child.

“Relocating can often be one of the most difficult decisions to make,” says Will Beaumont, a New Orleans divorce lawyer. “Many parents are looking to move forward with their lives and retain their parental rights to see their children. It is important to know the laws pertaining to decision making to ensure your rights are protected and decisions are made in the best interest of the child or children.”

If a domiciliary parent has been named in the joint custody agreement, they have more authoritative decision-making power than the other parent, based on the fact that a court has found this to be best for the child. When there is a disagreement, they can advocate for the best interests of the child based on their domiciliary status.

As joint custodians of the child, physical custody of the children ideally should be shared equally. Should the domiciliary parent be interested in moving outside of the school district, this could compromise an equal time arrangement with the child. Equal custody would probably not be possible should one parent choose to move out of state. When a domiciliary parent is interested in moving, the case must be discussed and negotiated between the parents. Because this is often a contentious negotiation, often the case must be discussed in family court.

“With legal support, you can have an advocate that understands what is necessary to convey to the courts that a decision is a positive course of action for the child or a negative one,” says Beaumont. “We’ve represented both sides of arguments regarding education and moving, all working towards a reasonable and rightful resolution.”

Just as all decisions should be reached based on the best interest of the child, any parent considering an out-of-state relocation should account for the effect it will have on their offspring. The court considers many aspects of the situation including age, relationship with the parents, quality of educational system, and more. It will be important to understand what pertains to the case, and seeking the advice of a helpful attorney is an essential step towards understanding parental rights to custody and/or visitation.    

Attorney William H. Beaumont is a family attorney with experience handling all kinds of parental disputes in New Orleans. Divorce proceedings and child custody negotiations happen to be the focus of his practice. He offers clients extensive knowledge of Louisiana’s family and divorce law. He works to educate his clients on their rights and works on their behalf as an advocate throughout all legal proceedings. Mediation and private representation is available.

To learn more about Will Beaumont’s legal services as a New Orleans divorce lawyer, parents can visit or contact the offices at Beaumont Divorce: 3801 Canal St #207, New Orleans, LA 70119. For an appointment call (504) 483-8008.

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