When parents divorce or separate, the court issues an order determining child custody. Parents are encouraged to negotiate a child custody arrangement that is in the best interests of their children. When parents disagree about custody terms or there are allegations of neglect, fitness, or abuse, the court must decide what is in the children’s best interests.
How Do Louisiana Courts Decide Child Custody Cases?
Louisiana prioritizes the best interest of the child when making child custody decisions. Article 134 of the Louisiana Code requires judges to consider all relevant factors when determining a child’s best interest. It discusses 14 specific factors, but judges can consider other factors they believe are relevant to the child’s best interest.
Five primary factors judges consider in child custody cases are:
The Child’s Relationship With Their Parents
Joint legal custody allows each parent the right to make important decisions for their children, such as decisions regarding education, religious upbringing, and healthcare. Joint physical custody refers to which parent the child lives with, although one parent generally serves as the primary custodial parent.
It is presumed that maintaining a close relationship with each parent is in the child’s best interest. Parents remain involved in their children’s lives when they share joint custody. Therefore, joint custody is often preferred to sole custody. However, if the court finds a parent is unfit or abusive, a judge may grant the other parent sole physical and legal custody.
A judge considers the child’s relationship with each parent when determining custody, including the affection, love, and other emotional ties between a parent and a child. For example, suppose a parent has not maintained a relationship with the child and has been missing from the child’s life. In that case, the judge may grant the other parent custody while giving the non-custodial parent liberal visitation to allow the parent to develop a closer relationship with the child.
Physical and Mental Health
The court considers the physical and mental health of the parents and the child. Judges do not discriminate against parents for having physical or mental disabilities.
However, their ability to care for the child could be a factor in the custody decision. For example, a parent’s health condition could restrict their ability to care for a child. If so, the judge may find it is in the best interest of the child to place primary custody with the other parent while allowing the non-custodial parent to have visitation based on their abilities.
When a child has a disabling condition, the judge considers whether a parent has the ability and desire to care for the child’s special needs.
The Child’s Wishes
A child may prefer to live with one parent over the other parent. However, judges must ensure that a parent has not unduly influenced or coerced a child to say they want to live with them.
Louisiana does not set a specific age when a child can decide which parent they wish to live with in a custody case. However, a judge may consider the child’s preference for custody. The judge must determine whether a child has the maturity to express a reasonable preference for custody.
Ability to Provide for a Child’s Needs
The judge considers whether a parent can provide for a child’s emotional and physical needs. For example, can a child provide a safe home for the child? Does a parent have the ability and inclination to provide food, educational support, moral guidance, and social interaction for the child? Can a parent provide for the child’s medical needs?
Another factor in providing for a child’s needs is whether a parent is willing to foster a close relationship between the child and the other parent. Suppose a parent is unwilling to encourage their child’s relationship with the other parent or they engage in parental alienation. In that case, a judge may consider whether that parent is fit to have custody of their child.
The Child’s Home Environment
A judge considers how long a child has lived in a stable environment. In most cases, maintaining the continuity of a stable home is in the best interest of the child. Judges also consider the permanence of a family unit in the existing home or the proposed custodial home. The community history of the child may also be a factor in the custody decision.
The court also considers the distance between the parents’ homes when deciding custody. A short distance between homes may allow for shared custody where the parents split time as close to 50-50 as possible. On the other hand, a greater distance between homes could result in a child staying with one parent for longer periods to provide continuity.
Preparing for a Child Custody Case in Shreveport, LA
A child custody case can involve many complicated issues. Whether you anticipate a heated battle or an amicable resolution, it is in your and your child’s best interests to prepare for a custody battle. Things you can do to help protect your child’s interest and your parental rights include:
- Keep records of your involvement in your child’s care and upbringing, including communication logs, involvement in school and extra-curricular activities, etc.
- Collect witness statements, photographs, school records, and medical records
- Create a list of unbiased witnesses who can testify on your behalf, including teachers, coaches, etc.
- Outline a parenting arrangement that works best for your entire family, including custody and visitation schedules, how to make important decisions for your child, how to resolve disputes, etc.
- Maintain respectful communication with your child’s other parent and document attempts to co-parent effectively
- Avoid criticizing your child’s other parent in the child’s presence
- Be mindful of your behavior in and out of court, including keeping your temper in check, avoiding conduct that could be detrimental to your child (i.e., substance abuse, domestic violence, etc.), and prioritizing your child’s best interest
Work with an experienced child custody attorney as early in the case as possible. A lawyer explains Louisiana custody laws and how those laws could impact your custody arrangement. Your attorney advocates for you and your child during custody negotiations and in court. If your child’s other parent is unfit, an attorney can help you fight for sole custody of your child to protect your child’s well-being.
Get Help With Custody Cases From a Shreveport Child Custody Lawyer
Child custody cases can be extremely emotional and hard-fought. Having an experienced attorney on your side can impact the outcome of your case. Our lawyers at the Knight Law Firm are aggressive advocates for our clients and their children. Contact us to schedule a free consultation or dial (318) 323-2213 to talk with a Shreveport child custody lawyer.
