FOR FAMILY MATTERS, WHEN IT MATTERS

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Compassionate Family Lawyer: Focused on you and your family

Whether you are anticipating the joys of adoption, experiencing the pain of a divorce, or facing another legal issue in the family law area, Jessica Duet listens to your needs, understands your concerns and helps you reach solutions to your legal problems.

Jessica L. Duet, attorney at law, has represented families in Terrebonne and Lafourche Parishes for more than 20 years. Her law firm provides legal services across a wide spectrum of family law areas, including:

Divorce & community property
Child custody, visitation & relocation
Child support and spousal support
Adoptions
Paternity/disavowals/avowals
Grandparents’ rights
Domestic violence
Child in need of care proceedings (CINC)
Tutorships

Divorce And Community Property

If you are currently involved in a divorce or are contemplating one, it can be a very stressful time. You will be facing many important decisions that will have long-lasting effects for all involved. It is important that you understand, protect your rights and do what is best for you and your family. Jessica Duet has the extensive family law experience to guide you through the divorce process.

The Louisiana Civil Code provides for two (2) types of divorces for spouses in traditional marriages: (1) an Article 102 divorce, and (2) and Article 103 divorce. An article 102 divorce provides for a no-fault divorce for marriages with or without minor children. Article 102 no-fault divorces are for spouses who have not yet been living separate and apart for the required waiting period, which is either 180 days or 365 days. If there are no minor children, or if there is physical or sexual abuse, then the waiting period is 180 days or less. If there are minor children of the marriage, then the waiting period is 365 days.

An article 103 divorce provides for a no-fault divorce for marriages with or without children for spouses who have already been living separate and apart for the required waiting period, either 180 days or 365 days are described above. You can also obtain a 103 divorce on the following grounds:

Adultery
If one spouse has committed a felony and has been sentenced to death or life imprisonment at hard labor
If during the marriage, the other spouse has physically or sexually abused the spouse seeking divorce or a child of one of the spouses
After a contradictory hearing or consent decree, a protective order or an injunction was issued.

Throughout your divorce, Jessica Duet will stand by you and advise you of which divorce is likely to obtain you the best possible results for you and your family – including the distribution of assets, division of the marital home and division of marital liabilities or debts.

Child Custody, Visitation & Relocation

One of the most important aspects of divorce is child custody and visitation. Jessica Duet will advocate for your parental rights so that you can obtain the best and most feasible child custody arrangement and visitation. She will always advocate for what is in the best interest of your children.

In Louisiana, there are several different child custody orders that may be obtained including sole custody, joint custody, shared custody and split custody. Visitation is usually determined in accordance with a court-ordered implementation plan which sets out a schedule to include weekend, holiday and summer-time visitation.

Relocation can also be an issue should one of the parents have to relocate to a different area than where he or she has been living with the children. Call Jessica Duet so that she can adequately advise you of your rights and responsibilities regarding all of these complex family law matters.

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Child Support And Spousal Support

Both parents share the responsibility of raising a child. Louisiana law dictates that child support be granted in accordance with the Louisiana child support guidelines.

A spouse going through a divorce may also seek temporary and/or permanent spousal support so that they can continue to live financially comfortably as they did before their marriage ended. Let Jessica Duet ensure that both you and your child will receive the financial support you are entitled to under the law. Additionally, if either parent experiences a significant change in financial circumstances, she can guide you through the proper proceedings to either modify, amend or enforce your child support order accordingly

Adoptions

Adopting a child brings much happiness to a family; however, it is a very involved strict legal process. You want to make sure that your adoption is done properly.

Jessica Duet has been helping families adopt children for over 20 years by providing services of private adoptions, intrafamily adoptions, adult adoptions, and name changes. She also has experience representing the parent of a child who will be adopted. Call her today so that she can assist you in navigating the complex legal issues involved in adoption proceedings and help you feel secure in your child’s well-being. Trust Jessica Duet to assist you with enlarging your family through adoption.

Paternity/disavowals/avowals

It is important to seek the skilled legal advice on paternity issues that you may be facing. Did you know that 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 same 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. Filiation and paternity serves to establish legal parenthood. Once established, then you are in a position to create and enforce your legal rights and responsibilities as a parent. Contact Jessica Duet to help you find the answers you are looking for and to help develop a plan for your situation. You can rely on her 20-plus years of experience to handle these complex family law issues, including paternity and filiation matters.

If you are seeking child custody rights but the law does not recognize you as a parent, the first step to secure your parental rights is establishing paternity. Usually, unmarried fathers must sign and file a declaration of paternity to establish the legal parent-child relationship. If a dispute then arises regarding legal parenthood, the court might order a DNA test to identify the biological father.

For mothers seeking to hold the child’s biological father responsible for child support, paternity may become the necessary first step in the process.

If you are facing legal issues regarding paternity, filiation and the recognized legal status between family members, contact Jessica Duet at 985-872-2877 to arrange a consultation. She has the high level of knowledge and experience required to navigate these complex legal situations.

Grandparents’ Rights

Did you know that Louisiana law also provides for grandparents’ rights?

Although asserting your grandparents rights can be tricky, a grandparent in Louisiana can ask for visitation and temporary custody of their grandchildren. They can also file for full custody, guardianship, or adoption to raise their grandchildren. Throughout her 20 years of practicing family law, Jessica Duet has represented many grandparents asserting their rights to their grandchildren through adoption, custody and visitation rights. Call her today to find out your rights as a grandparent.

Domestic Violence

Sometimes during family law proceedings, accusations of domestic violence can surface. Accusations of domestic violence can lead not only to criminal charges, but also to separate family law proceedings for a restraining order.

Sometimes, this is called a protective order. It is put in place to prevent the accused from contacting, harassing, or abusing the accuser. They can be issued against household members such as spouses, partners, parents, children and other family caregivers. A knowledgeable family lawyer such as Jessica Duet should be immediately consulted if a protective order is issued in order for you to be adequately represented as this order could potentially affect matters concerning your divorce, children and community property matters.

On the flip side, if you become the subject of a protective order, it is critical to consult with a lawyer immediately. Failing to do so could result in significant consequences. You could be prevented from contacting your spouse, partner, or your children for more than weeks, months or years. Likewise, you could be legally required to stay away from your own home, another person’s home or place of employment. Allegations of domestic violence could greatly impact your divorce, custody and visitation proceedings as well.

Jessica Duet can handle both sides of this emotional and sensitive issue. Whether you are seeking to file a protective order or defend against one, she can apply her more than 20 years of legal experience to guide you through this treacherous process.

Child In Need Of Care (Cinc)
Zealous Experienced Cinc Attorney

The Louisiana Department of Children and Family Services is responsible for protecting the welfare of children throughout the state. It investigates reports of child abuse, abandonment or neglect and it makes recommendations regarding child placements in such situations.

Have you or your loved one had the State of Louisiana, Department of Children and Family Services remove your child or children from your care and put them into state’s custody or threaten to remove them from your home?

Watching the government remove your child from your home is an emotional and upsetting experience for both you and your child. However, the law does give you an important opportunity to make a case for getting your child back.

Child in need of care (CINC) cases revolve around the question of whether (and how) the child can be safely returned to your care. You will have to go through multiple legal steps and hearings. Depending on your situation, the process for reunifying with your child could take months or years.

Whenever the government gets involved in the lives of a family, much is at stake. You should not attempt to struggle through this complex legal process on your own. Let Attorney Jessica Duet help you. She can protect your rights as a parent. She has been zealously representing parents for over two decades. She will work hard to reunite you with your child as quickly as possible.

Tutorships

In Louisiana, tutorship is what other states would refer to as guardianship, and it describes the person who is legally responsible for the care of a minor child. Tutors are often appointed when a child’s parents get divorced or when one parent dies. (This can also be an important part of estate planning as it prevents the court from determining the future of your child should something unexpected happen.)

The state of Louisiana has several different tutorship options based on the circumstances at hand. Jessica Duet can help you understand the various possibilities and how they may affect your family. As an experienced family law attorney, she is familiar with the laws applicable to tutorship and can guide you through this complex process.

The four types of tutorships in Louisiana are as follows:

Natural tutorship – This occurs when parents get divorced or when one parent dies. In the case of divorce, parents with custody are considered the natural tutors of the child. Should one parent die, the surviving parent is the rightful tutor of the child.
Tutorship by will – When the last surviving parent dies, a tutor is appointed based on the instructions set forth in the parent’s will
Tutorship by effect of law – Takes place when both parents have died and neglected to name a tutor by will. The court will then appoint a grandparent or some other relative as the tutor of the child.
Dative tutorship – When no qualified relatives are able to step in for the deceased parents, the court appoints a dative tutor, someone who is not related, to care for the child.

Tutorships are also established for children with special needs. As a parent of child with special needs, you will have unique concerns regarding your child. Under Louisiana law, your child will be deemed capable of managing his or her own affairs. By requesting continuing or permanent tutorship, your child with special needs can receive tutorship beyond the age of 18.
Attorney Jessica Duet offers compassionate and personalized legal assistance as you walk through appointing a tutor. She can guide you through the process with ease and comfort. Contact her for more information on this topic at 985-872-2877.