Child Custody Lawyer Guiding Families In New Orleans

Last updated on July 10, 2025

Established in Metairie more than a decade ago, our southeast Louisiana family law firm has helped thousands of individuals find innovative and effective solutions for their legal matters, often involving child custody and other divorce agreements.

Child Custody Laws In Louisiana

Determining a child custody agreement is often one of the most contentious steps in the divorce process. At Betsy A. Fischer & Associates, LLC., we understand how important it is for you to maintain that special relationship you have with your child. We are determined to help you do so by assertively protecting your parental rights and obtaining a fair and fulfilling agreement.

We assist clients with child custody throughout Louisiana, including Metairie, New Orleans, Kenner, Gretna, Mandeville, Covington, Abita Springs, Slidell, Chalmette, Harvey, Destrehan, Luling, St. Rose, Jefferson Parish, Orleans Parish, St. Tammany Parish, St. Charles Parish, St. Bernard Parish and St. John the Baptist Parish.

Helping You Maintain A Relationship With Your Child

Led by Betsy A. Fischer, our Metairie child custody attorney will help you understand your rights as a parent or grandparent when it comes to New Orleans, Louisiana custody agreements, including the different types of custody you may be awarded, such as:

• Domiciliary custody: A child lives with the domiciliary parent. This type of custody gives you the responsibility for making day-to-day decisions about your child. Day-to-day decisions include what the children eat and wear, who they play with, and when they go to bed.
• Joint custody: Joint custody is given to both parents. This type of custody gives both parents the right to make important decisions affecting their child’s welfare. Decisions may include the children’s education, religion and non emergency medical care.
• Sole custody: This type of custody is only given to one parent. Instead of both parents making important decisions, one parent is designated as the decision maker for important life factors such as education, religion and medical care.
• Shared custody: In a shared custody agreement, both parents share responsibilities, typically in a 50/50 split. Those responsibilities include living arrangements (domiciliary custody) as well as day-to-day and important decisions.

Recognized author on the subject of child custody in Louisiana attorney Betsy A. Fischer is the author of one of the leading books on the subject of Louisiana divorce and custody laws. Her book Divorce in Louisiana, The Legal Process, Your Rights and What to Expect (Addicus Books, Omaha) takes readers through a series of questions and answers that explain the process for determining custody and parenting rights for mothers and fathers.

When making the decision as to whom to award what type of custody in a child custody case, the Louisiana family court takes several factors into consideration. They include the relationship between the child and the parent, which parent has historically taken care of the child, the parents’ physical and mental health, and a parent’s ability to provide for and guide the child.

Our experienced custody rights lawyer will work with you to learn about your circumstances and help you build a compelling case supported by facts about your relationship with your child. This may include building a journal of your everyday life through photos, videos, witness testimony, etc.

Custody Arrangements Can Be Changed

Parents do have the right to seek modification of the custody arrangement under Louisiana law. This is much more easily accomplished if the parents, rather than the court, present the initial custody arrangement by way of mutual agreement. A custody arrangement set up this way only requires the demonstration of a “change in circumstances” to seek modification.

However, if the parents could not agree, and the court determines the custody order, then the parent seeking the modification must prove that a change in custody would be in the child’s best interest. They must prove that to continue custody under the present arrangement would be so harmful to the child that the harm caused by a change would be outweighed by the advantages to the child over the current situation.

Modifying a court-ordered custody arrangement is very difficult. Parents should keep this in mind when establishing their original custody arrangement and go to any length to avoid compromising it.

Helping You With Your Child Custody Modification

In addition to providing competent representation in your child custody case, Betsy A. Fischer & Associates, LLC., can also help you with your custody modifications, as well as holding delinquent parties in contempt. Contact us today for more information.

In Louisiana, Custody Does Not Mean Ownership

Louisiana family law judges do everything they can to protect the child’s best interests and well-being throughout the divorce process and in the final custody and parenting plan. In Louisiana, judges award either joint custody or sole custody as part of the final divorce judgment. Joint custody does not necessarily mean splitting the living arrangements of the child 50-50. Shared custody splits the child’s living arrangements between the parents; however, judges are increasingly frowning on making the child move back and forth between parents’ homes if the parents live too far apart.

Joint custody simply means that both parents must be involved in joint decisions regarding matters such as health care, education and social activities. Sole custody means that the custodial parent may make decisions alone, but it does not mean there will be no parenting time awarded to the other parent. Awarding custody to one parent does not mean control over the parenting schedule. In fact, even if child support payments are late, the custodial parent may not legally withhold parenting time from the noncustodial parent.

Joint custody obligates the parents to exchange information concerning the health, education, and welfare of the children and speak with the other parent in making decisions. If you and the other parent are unable to reach agreement, you may need to return to mediation or to court for the decision to be made. If you have any questions regarding these matters, an experienced child custody lawyer can answer them for you.

When Does Joint Legal Custody Work?

It can work when there is:

• Effective and open communication between the parents concerning the child and a strong desire on the part of both parents to continue to co-parent together
• A history of active involvement of both parents in the child’s life as well as similar parenting values held by both parents
• A willingness on the part of both parents to place the child’s needs before their own
• A willingness on the part of both parents to be flexible and compromising about making decisions concerning the child

We can help you find and advocate for a parenting agreement that fits both your child’s needs and yours. To learn more about our approach to parenting plans, contact us today at 504-688-6953.

What Judges Consider

During the discovery phase of the divorce process, experts in the field of child welfare and child psychology may be called upon to provide testimony and evidence regarding the parents’ fitness to retain custody over the children.

The judge reviews the depositions and documents and makes a custody ruling based on factors such as:

• The home environment: Does the child feel secure and well-cared for in a clean and healthy living space?
• Emotional ties to a particular parent: Has the child developed an unusually strong bond and feeling of security with one specific parent?
• Age and sex of the child: Is it most appropriate for the child to remain with either parent because of the child’s age or sex?
• Health of the parents: Is one parent experiencing physical or mental health issues that may impact the ability to be an effective parent?
• Moral fitness: Does either parent engage in activities that may negatively influence the child’s moral character?
• The child’s preference: If the child is a young teenager and demonstrates the judgment and character to make a decision, the judge may grant the child’s desire to be awarded to a particular parent.
• These are just some of the considerations judges in Louisiana must weigh when making a custody decision.

Remember, a parent who is not granted custody does not lose visitation rights (parenting time), except under circumstances that make it unsafe for the child. Even then, special arrangements for supervised visitation may be available.

If You Have Questions, Call A New Orleans Child Custody Lawyer Today

Learn more about Louisiana child custody and visitation rights. Schedule a consultation with attorney Betsy A. Fischer. Call 504-688-6953 or contact our law offices in Metairie, Louisiana, by email.

*Excerpted from Child Custody chapter, Divorce in Louisiana, The Legal Process, Your Rights, and What To Expect