The primary factor courts use to decide child custody decisions in Louisiana is the best interests of the child. Courts review proposed custody arrangements to protect the child’s physical and emotional well-being. If parents disagree regarding child custody, the courts analyze numerous factors to determine the custody terms that are in the child’s best interest. If you need help knowing if you are qualified for child custody, contact an experienced Shreveport child custody lawyer for help.
What Does It Mean for a Parent to Be Considered “Unfit?”
A parent’s fitness refers to their ability to care for and raise their child. It is a measure of the parent’s ability to provide for the child’s education, health care, emotional needs, and physical needs (i.e., shelter and food). If a parent or the Louisiana Department of Children & Family Services (DCFS) questions a parent’s fitness, a judge will consider various factors to determine if the parent is unfit.
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Factors Louisiana Family Courts Use to Determine if a Parent Is Unfit
There are many reasons why a parent may lose custody of their child. Many factors can impact a court’s decision on whether a parent is fit or unfit for custody and visitation.
Those factors include:
Parent’s Physical and Mental Health
Generally, mental and physical impairments do not automatically mean a parent is unfit to have custody of their child. However, the judge must consider whether a mental or physical impairment may negatively impact the parent’s ability to care for a child. For example, a parent with a severe mental disorder may not be fit to care for their children without supervision.
Moral Fitness
As with impairments, the court should not base fitness solely on a parent’s beliefs or morals. However, a parent’s behavior, actions, and lifestyle could place a child at risk. If that is the case, the court may consider whether the parent is fit to have legal and physical custody of their child.
Stable Environment
A custodial parent must be able to provide a child with a stable and safe environment. That does not mean a parent must have the most expensive home in their neighborhood. Instead, a stable environment is safe and clean. A stable environment also refers to the desire for continuity of the child’s school, community, and home environments.
Domestic Violence
Any history of domestic violence or abuse is reviewed carefully. The court seeks to protect the child from potential harm in these situations.
Substance Abuse
A parent’s substance abuse or addiction may weigh heavily on their ability to care for their child. The judge may deem a parent unfit if their addiction or substance abuse may harm the child. A parent who has sought treatment and demonstrates that their condition is under control may regain custody and/or visitation rights.
Other Factors
The court may consider other factors that it deems relevant when deciding whether a parent is unfit.
Those factors include, but are not limited to:
- A parent’s ability to communicate effectively with the other parent to care for the child
- The parent’s ability to make decisions that are in the best interest of the child, such as setting age-appropriate bedtimes and boundaries
- How a parent’s work schedule may impact their ability to care for their child and spend sufficient time with their child
- How a parent’s decisions regarding personal relationships and romantic partners impact their child
- A history of abandonment or neglect of a child
The court may appoint a Guardian ad litem to represent the child’s interests. The Guardian ad litem investigates the allegations of parental unfitness and reports their findings to the court.
What Evidence Can Be Used to Prove a Parent Is Unfit for Custody in Louisiana?
At the court hearing, both parties may present evidence supporting their allegations.
Examples of evidence that may be presented in a parental fitness case include:
- A report from the Guardian ad Litem
- Records of home visits and psychological evaluations
- Official police reports documenting incidents of domestic violence or abuse
- Reports from the Department of Children & Family Services
- School records and reports
- Documentation of a parent’s criminal history or current criminal charges
- Medical and therapist records
- Testimony or statements from teachers, therapists, coaches, physicians, friends, family members, and others close to the child
- Photographs, videos, and documentation of a parent’s unfitness
If a judge determines a parent is unfit, they may award sole custody to the other parent. The judge could deny visitation with an unfit parent if the visitation is deemed harmful to the child. The court could order supervised visitation to protect the child.
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Contact the Family Lawyer at Knight Law Firm for More Help
Understanding how a court will investigate allegations of parental fitness can help you protect your child and your parental rights. Contact our Shreveport child custody lawyer for a confidential consultation to discuss the best way to proceed in a child custody matter.
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
(318) 323-2213
Knight Law Firm – Ruston Office
111 Kilgore Rd, Ruston, LA 71270, USA
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