Louisiana Child Custody

If you are considering divorce, your children’s welfare is probably your primary worry and concern. An experienced child custody attorney in Louisiana can help. You and your spouse may have even known this day has been coming for years, but you stayed together because of the kids. Now that the time is here, what issues will you need to address?

It is best to remember something that your kids know instinctively: You were a good and loving parent before the divorce; you will be a good and loving parent afterward. Yes, your time with them may change, but your love for them — and theirs for you — won’t. Many people find they can be better, more attentive parents after the divorce, because the distraction of a failing marriage is no longer a major part of their lives.

“You have been making wise and loving decisions for your children since they were born. You’ve always done your best to see that they had everything they really needed. You loved them and protected them. This won’t change because you are going through your divorce. You were a good parent before the divorce and you will be a good parent after the divorce.” Excerpt from Divorce in Louisiana, The Legal Process, Your Rights, and What To Expect.

Louisiana Child Custody Laws: An Overview

Louisiana child custody laws encourage co-parents to create their own custody agreements. They can then submit their proposal to the court for approval, which, if granted, essentially transforms their private agreement into an enforceable (but modifiable) court order. Most of the time, the court will approve any reasonable custody agreement that is in the best interest of the child.

Louisiana child custody laws require that this plan designates an agreement regarding the residence of the child, where holidays, birthdays, and other special occasions are spent, rights to access and communication with the child, child support amounts, and any other relevant details.

If the parents cannot come to an agreement, the court will decide the arrangement based on a number of factors, which help to determine the “best interest of the child.” This is an important legal term in Louisiana, and has been defined in the Civil Code of Louisiana to include:

• The love, affection, and other emotional ties between each party and the child
• The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child
• The capacity and disposition of each party to provide the child with food, clothing, medical care, and other needs
• The length of time the child has lived in a stable, adequate home environment and the desirability of maintaining continuity of that environment
• The permanence, as a family unit, of the existing or proposed custodial home(s)
• The moral fitness of each party, insofar as it affects the welfare of the child
• The mental and physical health of each party
• The home, school, and community history of the child
• The reasonable preference of the child, if the court deems the child to be old enough to express a preference
• The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party
• The distance between the respective residences of the parties
• The responsibility for the care and rearing of the child previously exercised by each party

Proving the “best interest of the child” under the Louisiana best interest considerations requires a searching look into the family life and parenting decisions of a divorcing couple. This can be an unpleasant experience stacked on top of the upheavals already occurring in the lives of the co-parents. Therefore, working with an attorney who can make the best legal argument to support your desired parenting arrangement is critical during this time.