Divorce Attorney - Child Custody in a Nutshell

Child custody battles are usually contentious in Louisiana. The laws relating to child custody are based on one foundational premise -- the best interest of the child. A trial court will not make an award for a parent's convenience if it conflicts with the best interest of the child.

For example, Ryan contracts with a divorce attorney. Suzy keeps the matrimonial domicile, while Ryan moves 30 miles away to be closer to his new job. If their child went to go live with Ryan, he would have to leave his school wherein he attended for 7 years. The child would remain at his original school if he continued to leave with Suzy at the matrimonial domicile. In this particular fact pattern, a court will most likely award custody to Suzy. While it may have been convenient for Ryan to have custody of his child, it may not be in the child's best interest for him to leave a school for which seven years he attended.

There are certain crimes, which will permanently prevent one from being awarded visitation, and if committed it would be unreasonable for this parent to have contact with the child. In less egregious circumstances, a court looks at enumerated factors set forth in the Louisiana Civil Code when awarding child custody. The trial court must consider the factors. However, a trial court can weigh one factor more than another, with the encouragement of a divorce attorney.

The trial court is the finder of fact. Thus an appellate court will give great deference to the trial court's ruling. As a result, it is very important for you and your divorce attorney to win at the trial court level. This involves preparation, documentation, and seeking an experienced divorce attorney. Our hope is that you are prepared for your child custody hearing.

Even after a trial court has awarded child custody to a parent, OCS can seek to terminate parental rights if the parent is neglecting his or her duties as a parent. Therefore, it is important to maintain the lifestyle, which you presented to the trial to avoid having your children taken from you.

Again, child custody battles are heated and acrimonious. Therefore, it is best to let an emotionally detached divorce attorney handle your case. One can also be important to advise you what evidence should be gathered. You should document all of you and your spouse's positive and negative traits.

In conclusion, it is what is in the best interest of the child that matters. Consequently, you should be prepared to live accordingly and provide for your child. It can be important for clients to have a general knowledge of the law, i.e. to know exactly what the law says and the steps needed to proceed with the case. It's important that they have a foundation from which to learn.

Will Beaumont is a family law lawyer in New Orleans, and offers this article as information on the law. It is neither legal nor professional advice.