In Louisiana, the custodial parent is the parent who has primary physical custody of a child. This parent has the responsibility for making most of the day-to-day decisions about the child’s health, education, and welfare. In some cases, the parents may share physical custody, and both parents may be considered custodial parents.
If you are going through a divorce or separation, it is essential to understand the rights and responsibilities of the custodial parent. Consulting with a Shreveport child custody lawyer can provide personalized guidance tailored to your situation.
Louisiana Custodial Parent Laws
The law in Louisiana encourages both parents to have a relationship with their child. It follows the “traditional presumption that a fit parent will act in the best interest of their children.” For this reason, joint custody is often awarded in child custody cases in Louisiana.
When joint custody is awarded, both parents may be considered custodial parents. This means that both parents have a shared responsibility for the child’s physical caretaking and making decisions that affect the child. These decisions may include items such as:
- Health care needs
- Education
- Religion
- Whether to play sports
- Food and clothing
When one parent is awarded primary custody, they are responsible for making these decisions and for taking care of the child. The custodial parent is generally entitled to receive child support from the non-custodial parent as well. Even in joint custody arrangements, the parent with the higher income may owe the other parent child support payments.
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Determining The Custodial Parent
In some situations, it is not practical or in the best interest of the child to have a shared custody arrangement. In those cases, one parent will become the custodial parent, while the other may have visitation rights. Ideally, the parents can come to their own agreement on child custody.
If the parents cannot agree on a custody arrangement during the divorce proceedings, the court will determine custody based on the best interests of the child. The law expressly lists many factors to be considered when determining the child’s best interest. Some of those include:
- The ability of each parent to provide the child with food, clothing, medical care, and other needs
- The love, affection, and emotional ties between each parent and the child
- Whether the child has already been permanently living with one parent
- The physical and emotional fitness of each parent
- Any prior history of substance abuse, violence, or criminal activity
- The child’s school history
- The distance between the residences of the parents
- The child’s preference, if the child is old enough to have a reasonable preference
Once the court makes a decision, the custody arrangement will be outlined in the divorce decree. Should any of these factors change significantly in the future, either parent may petition the court to modify the custody agreement.
There are occasions when neither parent is fit to be the child’s custodial parent. Perhaps both parents have a problem with drug abuse, and it is not in the best interest of the child to live with either parent. The law does allow the court to grant custody to someone other than a parent.
Grandparents are often the obvious choice for custody when neither parent is fit. In fact, both sets of grandparents may seek to gain custody of the child. The court will always use the “best interest of the child” standard when determining who should be granted custody.
A person may also become a custodial parent through adoption. During the adoption process, the parent is typically awarded both legal and physical custody of the child. Once the adoption process is complete, the parent is responsible for day-to-day decisions and care of the child.
Next Steps After Becoming a Custodial Parent
Becoming a custodial parent can be a difficult and emotional process. Emotions usually run high in all parties involved in these proceedings. Once the legal proceedings are over, the real work of raising the child is just beginning.
The ultimate goal should always be to serve the best interests of the child. Once you become a custodial parent, you have certain rights and responsibilities to properly care for the child. Raising and caring for a child is a big responsibility that should not be taken lightly.
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Contact our North Louisiana Litigation Lawyers at Knight Law Firm for Help Today
For more information, contact our experienced family law attorneys at Knight Law Firm to schedule a consultation.
We proudly serve Shreveport, Monroe, Ruston, and the surrounding areas of North Louisiana.
Knight Law Firm – Shreveport Office
401 Market Street Suite 1006
Shreveport LA 71101
Call or text 318-323-2213 or complete a Case Evaluation form
