ENROLLED
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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 156
BY REPRESENTATIVE HUNTER AND SENATOR THOMPSON
A CONCURRENT RESOLUTI ON
To urge and request the Louisiana State Law Institute to study certain procedures for
implementing visitation orders in conjunction with support orders and to report its
findings and recommendations in the form of specific proposed legislation to the
legislature on or before January 1, 2013.
WHEREAS, R.S. 9:315.25 provides for consideration of custody or visitation matters
in any proceeding for child support without having to be specifically pleaded. The court
may hear and determine the issue if raised by one of the parties and all parties consent; and
WHEREAS, due to the fact that many child support proceedings are contentious, all
parties are not likely to consent to the court considering custody or visitation if raised by a
party in a child support proceeding; and
WHEREAS, an unrepresented party in a child support proceeding may not know he
is entitled to visitation of a child for whom he is paying child support; and
WHEREAS, visitation of a child by a parent is a fundamental right that should not
be prohibited because of a parent's inability to pay costs associated with a court
determination of custody or visitation; and
WHEREAS, in order to promote the public policy of fostering relationships between
parents and children and in an effort to provide for efficiency, the court should consider
custody and visitation without consent of all parties but with proper notice given to all
parties of a future court hearing on the matter of custody or visitation without any additional
costs to the party who raises the issue of custody or visitation in a child support proceeding.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to study certain procedures for
implementing visitation orders in conjunction with support orders and to report its findings ENROLLEDHCR NO. 156
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and recommendations in the form of specific proposed legislation to the Legislature of
Louisiana on or before January 1, 2013.
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
to the director of the Louisiana State Law Institute.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE