At one point in history, most courts favored mothers when awarding child custody because judges believed that mothers were more nurturing and suitable caregivers than fathers. Specifically, many states employed the Tender Years Doctrine, which favored keeping children with their primary caregivers during their early years, historically mothers.
Now, the law is very different. Fathers have just as much right to be with their children as mothers. An experienced attorney can evaluate your situation and explain the factors that may impact your child custody case in Louisiana.
The Tender Years Doctrine
Louisiana used to apply the Tender Years Doctrine. Under this doctrine, courts believed that children of “tender years” needed to stay with their primary caregiver. Because this was usually the mother, courts were more likely to award child custody to the mother.
This served as a deterrent for many fathers to seek full custody of their child. Now, the law has officially changed, ending the application of the Tender Years Doctrine.
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Louisiana’s Current Law on Child Custody Matters
The current law is based on the concept of frequent and continuing contact. Under the frequent and continuing contact doctrine, both parents’ important role in their child’s life is recognized. The public policy of the state is to ensure children have frequent and continuing contact with both parents after they’ve divorced unless that is not in the child’s best interest.
The principle recognized that children benefit from having frequent and continuing contact with both parents, rather than spending most of their time with one. The current law explicitly states that there is no presumption for or against custody based on their sex.
It is generally considered in the child’s best interests to have frequent contact with both parents unless one of them has been convicted of a domestic violence crime that is a first-degree misdemeanor or worse, meets the criteria to have their parental rights terminated, or has been convicted of certain sexual offenses involving a minor when they were an adult.
Agreement Between the Parties
If the parents agree about child custody, they can ask the court to approve their agreement and make it into an official court order. This can save them from having the court decide what is in their family’s best interests.
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Which Factors Do Louisiana Courts Consider When Awarding Child Custody?
When Louisiana courts make child custody decisions, they do so by considering what is in the child’s best interests. The law gives them 14 factors to consider in making this assessment, including a catchall provision of “any other factor that is relevant” to the determination.
Some of these factors include:
- The potential for the child to be abused
- The love, affection, and other emotional ties between each party and the child.
- The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.
- The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
- The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
- The permanence, as a family unit, of the existing or proposed custodial home or homes.
- The moral fitness of each party, insofar as it affects the welfare of the child.
- The history of substance abuse, violence, or criminal activity of any party.
An experienced family law attorney can emphasize the factors most relevant in your case if there is a dispute over child custody.
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Contact Our Child Custody Attorneys at Knight Law Firm for Legal Advice and Representation
In summary, courts used to favor the mother when it comes to child custody, but that isn’t always the case now. Courts typically consider the best interests of the child when awarding custody.
Nothing is more important than your child’s well-being. If you have questions about child custody and how the court determines these issues in Monroe, LA, contact Knight Law Firm for a confidential case review.
Contact our child custody lawyers at Knight Law Firm for 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
(318) 569-8469
Knight Law Firm – Ruston Office
111 Kilgore Rd
Ruston, LA 71270
(318) 722-8919
Knight Law Firm – Monroe Office
1896 Hudson Cir N #1
Monroe, LA 71201
(318) 323-2213
Call or text 318-323-2213 or complete a Case Evaluation form
