To better understand child custody laws of Louisiana, it is essential to make a difference between the two types of custody- joint and sole custody:
- Joint custody: both parents have legal and physical custody over the child.
- Sole custody: only one of the parents gets custody over the child.
Louisiana courts tend to award joint custody to divorcing parents unless there is strong evidence that it is not in the child’s best interest.
Courts always have the child’s best interest in mind when deciding on custody. They recognize that it needs to keep a stable relationship with both parents in order to ensure healthy growth, hence the tendency toward allowing both parents to spend time with him.
However, the court examines several factors to determine custody. They usually involve:
- The bond between the child and each of the parents
- The mental and physical health of each of the parents
- Each parent’s capacity to provide for a child’s emotional and physical needs
- The moral capacity of each of the parents and others
Divorcing parents may make an out-of-court arrangement regarding the child custody and present it to the judge as a recommendation. The judge, however, is not bound to the arrangement. She will examine all the important factors when determining the future of the child and having in mind its best interest.
It is also important to note that Louisiana family laws allow for custody modification later in life. An instance of custody modification may arise from a change of circumstances, such as moving for employment or a change in the circumstances that determined the custody initially may give rise to the need for modification. In such cases, the court re-examines the new circumstances and has the final word.
If you need advice on getting custody of your child in Louisiana, call us today at 337-948-8008 for a consultation.