Field of Practice - Family Law

Field of Practice - Family Law

Faculty: Cheryl Prestenback Buchert

Cheryl Prestenback Buchert - Clinical ProfessorStudents in the family law practice section represent clients by court appointment (children, absent defendants, and interdicts in interdiction cases). The student practitioners also represent indigent persons (mothers, fathers, grandparents) in custody, divorce, child support, and paternity cases. Students interview clients, conduct fact investigation, discovery, and legal research, prepare and file pleadings in court, develop a theory of their case, and prepare memorandums. The students make court appearances and participate in settlement conferences with opposing attorneys. Most students make several court appearances to argue their cases at hearings and trials in Orleans and Jefferson Parish Courts.

Recent cases include:

  • Louisiana’s first contestation case where a mother established that her former husband and legal father was not the father of the child and that her present husband is the father.
  • A custody case involving a parent with Munchausen by proxy syndrome and an international kidnapping.
  • A military child custody case where the young soldier was awarded custody while he was deployed in Afghanistan through a Power of Attorney given to his mother.
  • A non-parent custody case where the non-parents were awarded custody after a trial with seven attorneys and six witnesses.
  • A custody case where our client was awarded domiciliary custody after a trial where the custody evaluator testified in favor of the other parent.
  • A Post-Katrina relocation case where the father had not seen his son in three years.
  • A Post-Katrina custody case where a 911 dispatcher regained custody of her baby whom she did not see for over six months. Loyola Law Clinic students first interviewed the mother at the Greater Houston Disaster Relief Center while the Law School was exiled in Houston after Hurricane Katrina.
  • A child custody case with allegations of sexual abuse. Loyola Law Clinic students conducted interviews and home studies with the child, parents and other relatives, reviewed records, wrote legal memoranda, and represented the minor child at trial.
  • A highly contested divorce case on the issue of reconciliation and payment of a Post Katrina Small Business Administration (SBA) loan.
  • A paternity case where the father attempted to rescind his acknowledgments of his three >children after he married the mother. 
  • An inter-family adoption case where Loyola Law Clinic students successfully represented the mother and prevented the adoption by the step-mother.
  • A contested succession case where Loyola Law Clinic prevented the eviction of a ninety year old client and gained her usufruct of the home until death.
  • A grandparent visitation case where Loyola Law Clinic students successfully gained visitation with the grandchildren for the grandmother.