Louisiana Revised Statutes 9:348 – Loss of visitation due to military service; compensatory visitation
Terms Used In Louisiana Revised Statutes 9:348
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
A. As used in this Section, “active duty” shall mean a military service member under any of the following conditions:
(1) A service member on active duty pursuant to an executive order of the president of the United States, an act of the Congress of the United States, presidential recall, or the provisions of La. Rev. Stat. 29:7.
(2) A service member on orders including but not limited to annual training, active duty special work, or individual duty training.
(3) A service member on drill status.
(4) A service member subject to the Uniform Code of Military Justice or the Louisiana Code of Military Justice.
B.(1) When a service member on active duty is unable due to his military obligations to have visitation with a minor child as authorized by a court order, the service member may request a period of compensatory visitation with the child which shall be granted only if the court determines it is in the best interest of the child. Such compensatory visitation shall be negotiated, on a day-for-day basis for each day missed, for the number of compensatory days requested by the service member, not to exceed the total number of days missed. The custodial or domiciliary parent shall negotiate with the service member to develop an equitable schedule for the requested compensatory visitation.
(2)(a) If the parents cannot establish an equitable arrangement for compensatory visitation as required by this Section, the requesting parent may petition the court having jurisdiction to enforce the judicial order for visitation for a temporary alteration to the current visitation order by making an adjustment to require compensatory visitation for visitation days lost as a result of an obligation of active duty. The court may refer the parent to mediation under the provisions of La. Rev. Stat. 9:332.
(b) The court may render judgment for court costs against either party or may apportion such costs between the parties as it may consider equitable.
C. The provisions of this Section shall not apply if either party has a history of physically or sexually abusing a child.
Acts 2006, No. 110, §1.