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Child custody matters are amongst the most emotionally loaded matters in the field of family law. Custody matters can drastically impact a child’s life, and often carries other emotional burdens, such as relocation. The child custody lawyers at The Louisiana Law Firm understand the difficulty and complex nature of child custody matters. This child custody guide provides information about different custody options available and the different procedures and processes surrounding child custody.
Under Louisiana law, parents are granted either joint or sole custody.
Sole Custody refers to one party making fundamental decisions regarding your children. These decisions can either be big or small, such as what school the children attend or what health care providers they visit.
Joint Custody grants both parents the right to make these decisions. Although joint custody does not always guarantee equal time in each household, it gives both parents the right to substantial lengths of continuous parenting time. The court system in Louisiana typically favors joint custody. With joint custody in place, both parents are obliged to exchange information regarding the various aspects of the children’s life (health, school,etc.). Joint custody requires both parents to place the child’s needs before their own. In the event that both parties cannot reach an agreement, you may need to return to mediation, or even court, in order to establish a decision.
A shared custodial arrangement is when children equally spend time with both parents individually. Specific times will be assigned to each parent with regards to school breaks, summer holidays, and vacations.
Split physical custody occurs when multiple children are involved, each residing with a different parent. The court system in Louisiana typically does not favor split custodial arrangements because it separates the siblings from each other.
Visitation designates a certain amount of time a child spends with the noncustodial parent (a parent who does not have full physical custody of their child).
Establishing custody via the court system requires further evaluation of the household. The following factors are measured to establish custody that is in the best interest of the child:
This refers to the individual household offered by each parent. The court system typically measures factors such as safety, stability, and ability to be nurtured in each household.
The court will assess which parent is able to satisfy daily needs such as nutrition, healthcare, hygiene, and education.
Louisiana evaluates each parent’s health to determine their ability to parent. If one of the parents has an illness or disability that may impair their ability to parent, it may be weighed in court. Subsequently, the court will also factor in the health and needs of the child.
This refers to the nature of the Parent-Child Relationship. Common questions to ask are: Is the child’s relationship with the parent advancing his/her social, emotional, and physical health? Has the parent been attentive to the child in the past? Will the new custodial arrangement disrupt existing parent-child relationship(s)?
Individual parent history is evaluated to measure the stability of character. This is used to determine which parties are capable of performing their parental obligations. The court also factors in each parent’s willingness to co-parent.
Louisiana, unlike most states, does NOT allow the child to choose then parent he or she wishes to reside with. However, some judges will value the child’s preferences when appropriate. It is important to think of the child’s age and level of comprehension when factoring in parental preferences
Child support is a payment that a noncustodial parent makes as a contribution to the cost associated with caring for the child. Under Louisiana law, a child has the right to be financially supported by both his/her parents.
Generally, either parent can request a child support order. Also, a person who has custody of a child, such as a grandparent, can ask for an order
In Louisiana, child support is determined by measuring various factors. Child support in Louisiana is based on the needs of the child and the financial ability of each parent to support the child, as well as the amount of time each parent spends with the child. Generally, in Louisiana, a child support order can only be modified by agreement of both parties or substantial change in income or living expenses
We understand that your child custody issue may be very challenging and likely has you feeling overwhelmed, scared, angry, or confused. Let us help. Together we can discuss your individual situation and how to begin moving you toward your goals. Then, we can discuss if working with our firm is right for you.
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