If you’re filing for divorce in Ruston, LA, Our Ruston child custody lawyers at Knight Law Firm are always available to discuss your child custody issues. it’s important to hire quality legal representation. Contact our law offices to schedule a consultation by calling (318) 722-8919 today.
Child custody disputes are often the most difficult for a divorcing couple to resolve. Even when you think you know what’s best for your child, the courts may ultimately decide.
Our team has over 20 years of experience in family law. We have helped countless families resolve complicated family law matters over the years. We know how to help you protect your relationship with your child.
The sooner you seek legal advice, the sooner we can start working toward a favorable result. Contact our law offices in Ruston, Louisiana, to schedule a consultation with a Ruston child custody lawyer. We’re always available to discuss your child custody issues.
Why Should I Call Knight Law Firm for Help Resolving My Family’s Child Custody Issues in Ruston?
Tensions can get extremely high when parents can’t agree on child custody issues. That tension impacts the entire family. Fortunately, even the most complex family law issues can often be resolved with the help of an experienced Ruston family law attorney.
Our founding attorney at Knight Law Firm is an experienced negotiator. We always try to help families resolve their issues through mediation and dispute resolution. Often, we can avoid the need to let a judge decide the matter alone.
When you hire our law firm, you can count on us to:
- Listen to your story and help you identify your goals
- Develop a strong strategy to reach the outcome you desire
- Investigate and collect evidence to support your position
- Offer workable solutions for your family
- Negotiate with your child’s other parent and their lawyer
- Represent you in court and advocate for the best outcome possible
If you have questions, call our Ruston family law attorneys today. We’re always here to offer the legal advice you deserve.
Overview of Louisiana’s Child Custody Rules
The standard in child custody cases is always “the best interests of the child.” Family law judges will make their decisions based on what’s best for your child.
Two parents can agree to a child custody arrangement. If you and your co-parent can agree, the court will typically approve and respect that agreement. The judge will only order a different arrangement if your agreement is not in your child’s best interests.
Louisiana recognizes two types of child custody:
- Physical custody
- Legal custody
When possible, the goal is to reach an agreement to allow both parents to continue participating in their child’s life in a meaningful way. Your attorney will be a valuable asset when disputes arise. Our experienced Ruston child custody attorney can help you identify your priorities. He can also help your family develop workable solutions to protect your child.
What is Physical Custody?
Physical custody is also called parenting time. Physical custody orders dictate when each parent is entitled to spend time with the child. Essentially, these orders determine where the child will live. Unless one parent is unfit, courts tend to favor arrangements that allow each parent to spend time with their child. The child’s need for a stable home environment is also a factor.
The final child custody order will provide details about when the child will live with each parent. It’ll also contain information about how the child will move between their parents’ respective homes.
What is Legal Custody?
Legal custody orders decide a parent’s ability to make important decisions about their child’s upbringing. Parents with legal custody have the authority to make decisions about the child’s:
- Religious upbringing
- Medical care
- Education
- Participation in extracurricular activities
Again, courts tend to prefer two parents to share legal custody. However, a custody order will often grant one parent final decision-making authority when the parents disagree over important decisions.
What Are Some Possible Options for Structuring Child Custody in Ruston?
Courts in Louisiana favor joint custody agreements. In the absence of an agreement, the family law judge will order joint custody. That’s true unless it’s shown by “clear and convincing evidence” that awarding sole custody to one parent is in the child’s best interests.
Parents have leeway to design a parenting plan that works for them. Sometimes, parents agree that a child will spend every other week with each parent. Parents can agree that the child will spend certain days of the week with either parent.
In the end, physical custody arrangements will depend heavily on the child’s age and the distance between the two parents’ residences.
What Do Family Courts in Louisiana Consider in Creating Child Custody Orders?
When two parents can’t agree on a child custody arrangement, the family law courts will have to decide. Family law judges will evaluate any factor that is relevant when making their determinations, including:
- Bonds of love and affection between the child and either parent
- How parenting responsibilities were allocated between the parents prior to divorce
- Each parent’s capacity to provide the child’s basic necessities, including food, clothing, medical care, etc.
- Each parent’s moral fitness and how it may impact the child
- Each parent’s capacity to provide the child with love, affection, and spiritual guidance
- The physical and mental health of each parent
- The child’s own needs, considering physical, social, emotional and religious issues
- The desirability of maintaining a stable home environment for the child
- The permanence of the existing home and the proposed home
- Each parent’s ability to satisfy the child’s needs and whether one parent is better able to provide for the child’s needs
- Any history of substance abuse, violence, or criminal behavior on the part of either parent
- The child’s own reasonable preferences, considering the child’s age and maturity
- The child’s home, school and community history
- The distance between the two proposed residences
- The child’s ability to adjust to a new home and community environment
- Each parent’s willingness and ability to facilitate or encourage the child’s close and ongoing relationship with their other parent
It’s essentially a balancing act. If you and your co-parent are dealing with serious child custody issues, it’s critical to have an experienced attorney by your side. Our lawyers at Knight Law Firm know how to locate the strong evidence to prove your case. Contact us today to learn more about how our team can help.
When Will a Family Law Judge in Ruston Award Sole Physical Custody to One Parent?
Again, judges begin with the presumption that joint custody is appropriate. The idea is that it’s in the child’s best interest to maintain a strong relationship with both parents. Unfortunately, that’s not always the case. When granting sole custody is in the child’s best interests, the courts will do so.
Typically, judges will only award sole legal and physical custody because of:
- One parent’s history of violence
- One parent’s history of substance abuse
- Child abuse or neglect
When the judge awards sole custody to one parent, the other parent will typically be entitled to visitation if the judge decides visitation benefits the child. Sometimes the judge will only approve supervised visitation. It’s incredibly rare for a judge to deny visitation altogether.
Can Family Courts in Louisiana Grant Custody to a Third Party?
While rare, it’s possible for the judge to decide that neither parent is fit to have custody and visitation. Courts have the authority to award custody to a third party, such as a grandparent or relative, who is capable of providing a safe and stable home. The judge will evaluate whether granting custody to either parent would cause the child “substantial harm.”
Can a Child Custody Order Be Modified After Being Finalized in Louisiana?
Circumstances are bound to change over your child’s lifetime. Your child is growing and changing. That fact alone can render an existing child custody arrangement unworkable.
When two parents can agree to a modified visitation schedule, obtaining that modification is relatively simple. You’ll present the proposed arrangement to the courts. The judge will likely approve the order if it continues to protect the child’s best interests.
When disputes arise, you can file a formal motion with the court. Your motion will explain why the existing child custody order is no longer appropriate and request judicial modification.
To obtain the modification, you must generally show:
- A material change of circumstances has occurred since the last order was finalized
- Maintaining the current child custody arrangement is not in the child’s best interests
Relocation alone is not sufficient to establish that a modification is appropriate. In fact, relocating and violating an existing arrangement may be grounds to allow the judge to modify the agreement in favor of your child’s other parent.
Modifying an existing custody order or child support order can present complicated legal issues. To protect your relationship with your child, it’s always best to hire an experienced attorney.
Call an Experienced Ruston Child Custody Lawyer for a Consultation Today
Child custody matters in Louisiana can be extremely challenging. Emotions tend to run high. Our Ruston child custody lawyers know that nothing is more important than protecting your kids. To learn more about this practice area and how we can help your family through this difficult time, call Knight Law Firm, for a consultation today.
