Divorce may be a scary experience, but that does not make it a bad experience. Any parent who is contemplating on getting a divorce can become clouded with uncertainty about how the changes will impact their children’s lives. Here are four frequently asked questions about child custody in Louisiana:
What is the difference between legal custody and physical custody?
Legal custody refers to the parent’s right and responsibility to make decisions about their child’s upbringing. These decisions play a pivotal role in their growth and development, covering key aspects such as healthcare, education and religion.
Physical custody refers to the parent’s right to have their child live with them for most of their time. In a joint custody arrangement, both parents are awarded physical custody of their child. Although not equally split, this means that the non-custodial parent will also have a distinct amount of time shared with their child.
How do courts determine the child’s best interests?
In Louisiana, the custody order and visitation are determined by the courts through 14 key defining factors, all of which will serve to prioritize the child’s best interests. Some of these include:
- The emotional ties that each parent shares with the child.
- The financial capacity of each parent to provide their child’s basic needs.
- The emotional capacity of each parent to provide love, affection and spiritual guidance for their child.
- The school and community history of the child.
- The physical and mental health of each parent.
- The history of substance abuse or violence of either parent.
However, it is important to note that each divorce case is unique and will require a case-by-case assessment.
What is a shared custody arrangement?
In a shared custody arrangement, both parents have an equal share of their child’s legal custody and physical custody. This means that the child will spend an equal amount of time with each parent, as well as live in two residences.
As joint custodians, both parents will also continue to share on the decisions that determine their child’s upbringing.
How does a scheduled visitation work?
This is known as the most common type of visitation (or parenting time), where the non-custodial parent meets and spends time with their child on a set schedule. This also includes how each parent plans to share their child’s schedule during weekends, school breaks, holidays and other notable events.
Your happiness matters just as much as your child’s
Leaving a marriage may be a challenging experience to go through, and you will likely face many questions throughout this process. However, by gaining clarity of how child custody works in Louisiana, you can leave most of your fears behind and move forward with your divorce.