Nicaud & Sunseri Law Firm, LLC
Southshore Local 504-662-9596
Northshore Local 985-218-0494
Menu Contact
Making the ComplexUnderstandable

Aftermath of child custody matter heard at high court continues

The child custody matter that made its way to the U.S. Supreme Court still seems a long way from being resolved.  The case pits the rights of the biological father of a four-year-old girl, who happens to be a Cherokee Indian, and the rights of a couple who adopted the young girl after the mother gave the child up.

The biological father won a judgment in state court when the girl was only two.  The child was awarded to him under the Indian Child Welfare Act of 1978 that was passed to discourage the separating of American Indian children from their families and tribes.  However, the U.S. Supreme Court ruled that this piece of federal legislation did not apply to this particular case because the father never had physical custody of the child to begin with.  Therefore, the case was remanded to the lower court to reconsider the child custody decision.

Child custody matters often revolve around various factors.  Determinations need to be made as to who would be best suited as parent.  Also taken into consideration will be the child's physical, emotional and educational needs.  In instances involving American Indian children rulings may also revolve around the circumstances of a child's cultural upbringing.

Needless to say such determinations are often complex.  For example, in Louisiana family law attorneys will often argue in court that the chief factor in all child custody matters is determining what is in the best interest of the child.  However, sometimes the parties in child custody disputes have extremely different ideas as to what the best interest may be.

Whatever differences we may have, however, it's always best for those engaged in a custody dispute to be respectful towards each other.

Source: ABC News, "'Baby Veronica' Custody Case Rages On," Ariane de Vogue, Sep. 11, 2013

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Covington Office
7020 US-190
Covington, LA 70433

Fax: 985-624-9698
Map & Directions

Metairie Office
3000 18th Street
Metairie, LA 70002

Toll Free: 800-230-7591
Phone: 504-662-9596
Phone: 985-218-0494
Fax: 504-833-2843
Map & Directions