Divorce Attorney: Louisiana Child Custody

In Louisiana, child custody is, for the most part, determined in section 3 of the Louisiana Civil Code. If after a marriage end, parents agree as to who shall have custody of the child, a court will most likely go with that agreement unless it is against the best interest of the child. The way that this normally works is that a divorce attorney of one of the parties will draft an agreement, the parties and the lawyers' will sign it, and then when the court signs it, it can become an order of the court.

Additionally if a court finds that an award of any type of custody to either parent would end up causing harm to the child, the court may award custody to a person with whom the child has been living with in a stable environment that is not that parent, if this is in the child's best interests.

For instance, Harold and Lisa are married. They subsequently hired a divorce attorney to end the marriage. In a written agreement both parties agreed that Harold would take sole custody of both of their children. However, Harold is known to be a violent drunk, he does not have a job, and he has a long rap sheet. In this particular case, even though the parties agreed as to who will have sole custody of the child, it is clearly against the best interest of the child to award custody to Harold. Therefore, the court will apply article 133 which requires the court to award custody to a person between the child has been living in a wholesome a stable environment.

In order to protect the best interest of the child custody hearings can be closed to the public. When a trial court is required to make a custody determination, they are generally required to consider several factors that are specifically enumerated in article 134 of the Louisiana Civil Code. One, the court should look at emotional ties between the parties and the child. The second factor, which the court and/or the divorce attorney or other lawyer could decide to look at, is the capacities of the parties to love their child and give the child guidance. Third the court will consider whether the parties can provide food, clothing, and other essential necessities. Among other things the court will likely consider the permanency of the family unit and whether it is conducive to the child to thriving in that environment.

A court will consider the reasonable preference of the child if the child is mature enough to give a reasonable preference. When going through a child custody battle the law can be very important to know, even if you have a divorce attorney, and be familiar with the factors that a court will look at in reaching a child custody decision. If you go into each custody hearing completely unprepared, and I'm going to factors laid out in article 134, then you will not be able to prove your case and win custody of your child.

Will Beaumont is a New Orleans divorce attorney. This article is informational, not legal advice.