Child custody cases come before the court when a couple files for divorce. However, custody cases may also come before the court because of paternity lawsuits and allegations of parental fitness by the state. Regardless of how a judge receives a child custody case, the law requires the judge to consider what is in the child’s best interest for child custody.
How Do Judges Determine Child Custody in Louisiana?
Louisiana courts determine child custody based on the best interest of the child. Louisiana Code Article 134 provides 14 specific factors judges should consider when determining what is in a child’s best interest for custody. However, judges can consider any factors they deem relevant to deciding the best interest of the child.
The factors listed in the statute focus on the child’s needs and well-being. They examine the child’s length of time in a stable, safe environment. These factors also examine the parents’ moral fitness and willingness and ability to care for their children.
Reasons Why Parents Lose Custody of Their Children in Louisiana
Many reasons could cause a parent to lose custody of their children. Some reasons are easy to understand and obvious, including circumstances that could physically harm the child. Other reasons may not be as obvious but could also harm the child.
Examples of reasons a parent may lose custody include, but are not limited to:
Evidence of Abuse or Neglect
A parent could lose custody if there is evidence they abused or neglected their children or allowed another person to abuse their child. For example, the court may remove custody if the child is born with illegal drugs in their system. Abuse includes physical, domestic, sexual, emotional, and other harm.
Neglect includes failing to meet the needs of the child. A child’s needs include, but are not limited to, physical, emotional, financial, educational, and healthcare needs. Parents who cannot or are unwilling to meet a child’s needs could lose custody.
Parent’s Unwillingness to Co-Parent
Joint custody is presumed to be in the best interest of the children. It allows children to have as much time with each parent as possible while allowing the parents to participate actively in their child’s upbringing. However, if a parent refuses to work together to benefit the child, a judge may determine joint custody is not in a child’s best interest.
For example, a parent engages in parental alienation to turn the children against the other parent. A parent refuses to cooperate with the other parent to ensure the child has contact with and sees the other parent.
Evidence of Substance Abuse or Mental Illness
An ongoing substance abuse problem could result in losing child custody. The judge considers a parent’s moral fitness and prior history of violence, substance abuse, and criminal activity. If the judge believes these factors could negatively impact the child’s welfare, the judge may grant sole custody to the other parent.
A mental illness does not automatically result in losing child custody. However, the judge must evaluate the parent’s ability to care for the child, given their condition. If the child could be at risk of harm in the parent’s custody, the judge may grant supervised visitation but grant sole custody to the other parent to make decisions and take care of the child’s daily needs.
Child’s Preference for Custody
The court may consider a child’s reasonable preferences for custody. A judge must find that the child has the maturity to make a decision regarding custody and that the child’s preference is in their best interest. However, a child wishing to live with one parent may only result in sole physical custody. The judge could grant joint legal custody to both parents.
What Does It Mean to Lose Custody in Shreveport, LA?
Losing custody does not mean you lose the right to see your child. Generally, when judges grant sole child custody to a parent (i.e., custodial parent), the non-custodial parent has visitation rights.
Typical visitation rights often include at least a weekend each month or every other week and a night during the off weeks. However, each situation is unique. Therefore, the visitation schedule should be arranged to benefit the family.
Judges could also order supervised visitation if they believe the child being alone with a parent could put the child at risk. In drastic cases, the judge may place various restrictions on visitation.
Losing Legal Custody in Louisiana
Legal custody is a parent’s right to make important decisions about the child’s care and well-being. Decisions include issues related to health care, religion, extra-curricular activities, and education. If a parent has sole custody, they do not need to consult the other parent when making these decisions. Losing legal custody means a parent does not have the right to make these decisions.
Losing Physical Custody in Louisiana
Physical custody refers to the parent’s right to decide where a child lives. The parent takes care of the child’s day-to-day care. When a parent loses physical custody, the other parent decides where the child lives. The non-custodial parent may have visitation.
However, having sole physical custody does not give a parent the right to relocate with the child wherever they desire. If a parent wants to move to another state or a great distance away from the non-custodial parent, they may need a court order approving the relocation.
Protecting Your Right to Custody in Louisiana
Child custody disputes are hard-fought in family court. Each parent believes they know what is best for their children. Even if you believe your child custody case will be amicable, preparing for a battle is in your best interest and your child’s best interest.
Ways that you can prepare for a custody case include, but are not limited to:
- Organize documents to support your case, including medical records, school documents, financial information, etc.
- Keep copies of all correspondence, text messages, emails, and other documentation of your attempt to co-parent with your child’s other parent
- Begin a detailed log of all interactions with your children, including telephone calls, visits, and activities.
- Write down each time you attend a school function, medical appointment, or other functions
- Maintain a positive co-parenting relationship with your ex-partner. Make notes of your attempts to co-parent, including things your ex-partner does to interfere with your parenting or relationship with your child.
When dealing with custody matters, try to prioritize your child’s needs and best interests. Be flexible when possible and work out problems. Do not speak negatively about your child’s other parent to them or in their presence.
Get Help With a Louisiana Child Custody Case
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.
