If you have a child and are no longer with the other parent, you might consider formalizing your child custody arrangement. To do this, you will need to go through the court system. Obtaining a child custody order requires a firm understanding of the law and the procedures involved. An experienced family law attorney can assist you throughout this process.
What Types of Child Custody Are Available in Louisiana?
There are two types of child custody in Louisiana: legal and physical. Legal custody refers to the right to make significant decisions regarding the child, such as decisions about their medical treatment, education, and welfare. Physical custody refers to the arrangement where the child primarily resides.
Custody can be sole or joint. In sole custody situations, only one parent has the right to make legal and personal decisions, and the child lives primarily with that parent. The other parent may be granted visitation rights.
With joint legal custody, both parents have the authority to make important decisions regarding the child. With joint physical custody, the child spends significant time with both parents, but it’s not necessarily an exact 50/50 split. The goal of joint physical custody is to ensure the child maintains a stable relationship with both parents.
How Do I Get a Child Custody Order?
You can obtain child custody in Louisiana through a consent decree or a considered decree. A consent decree is an order that the court approves between the parents. A considered decree is a decision a judge makes after a trial or hearing. At the conclusion of either case, you will have a binding and enforceable court order.
Whether you obtain the court order through consent or consideration, the process is similar: you prepare a petition, file it with the court, pay the filing fee, and have the other parent served. If you have a consent agreement, you present the parenting plan.
If you are moving toward a considered judgment, the court may order evaluations to assess living conditions and the appropriateness of custody with either or both parents. The attorneys involved in the case may file pretrial motions. You attend any court-ordered hearings.
If you and the other parent cannot agree on custody, the case proceeds to trial, where you and the other parent present evidence and testimony about why your suggested custody arrangement is best for your child. After the trial, the judge makes a decision. A custody order is prepared, detailing the judge’s decisions.
How Does the Court Award Child Custody in Louisiana?
When making custody decisions, the court decides what is in the child’s “best interests.” Joint custody is presumed to be in the child’s best interests. However, either parent can challenge this by presenting clear and convincing evidence that proves sole custody is in the child’s best interests.
The court considers various factors to determine what is in the child’s best interests, including:
- The child’s health, safety, and welfare
- The child’s relationship with each parent
- Each parent’s ability to provide for the child’s needs
- Which parent has taken care of the child in the past
- Each parent’s ability to give love, guidance, and education
- Each parent’s ability to encourage a continuing relationship between the child and the other parent
- Each parent’s moral fitness
- Each parent’s mental and physical health
- The child’s stated wishes (if old enough)
- The child’s permanence and adjustment to their home, school, and community
- The potential of the child to be abused
- Each parent’s ability to provide for the child’s basic needs
- History of domestic violence, substance abuse, or criminal activity of either parent
- The distance between the parents’ homes
Your lawyer can effectively argue the factors that weigh best in favor of your proposed custody arrangement.
Do Louisiana Courts Favor the Mother?
Louisiana law does not give preference to either parent based on sex. Instead, the court considers the child’s best interests.
What Role Does the Child’s Preference Play?
The court can consider the child’s preference if they are old and mature enough to state and provide a basis for their preference. However, the child’s preference is only one factor the court considers.
Can Grandparents or Other Relatives Be Awarded Custody?
In certain circumstances, grandparents or other relatives can be awarded custody.
To be awarded non-parent custody, the person seeking custody must show:
- The parent is unfit or unable to provide proper care to the child
- Awarding custody to a parent would substantially harm the child
- It is in the child’s best interest for the non-parent to have custody
- The non-parent has a genuine interest and commitment to the child’s welfare
A relative can also seek visitation with a child.
Non-parent visitation can be awarded to someone who shows:
- The parent unreasonably denied or restricted access
- The visitation is in a child’s best interests
- The non-parent has a significant and ongoing relationship with the child
- Visitation with the child would not interfere with the parent-child relationship
The court can also grant non-parent visitation if a parent has died or the child was born outside of marriage and paternity has been established.
Can I Modify an Existing Custody Order?
A parent can file a motion to modify the custody order if a significant change in circumstances has occurred since the last order was issued.
Examples of a significant change in circumstances include a change in a parent’s living situation, a new job, a change in the child’s needs, or a parent’s relocation. The court will still consider the child’s best interests when deciding whether to modify an existing custody order.
Contact Knight Law Firm Today to Speak With Our Shreveport Child Custody Attorneys
When your relationship with your child is on the line, you need an experienced child custody lawyer. Child custody cases can be challenging. Protect your parental rights and your child’s rights with the help of an experienced Shreveport child custody lawyer. Contact us today or call Knight Law Firm at (318) 323-2213 for a free consultation to speak with an attorney.
