Divorce Lawyer: Child Custody Over Children Born Out of Wedlock in Louisiana

To a divorce lawyer, it is common to think that joint custody is typically in the best interests of the child.  But, sometimes a joint custody arrangement is not in the best interest of the child.  A divorce lawyer is generally aware that its decision will not be reversed unless the decision is manifestly erroneous or clearly wrong.  

In one case from 2010, the Louisiana Court of Appeal for the Third Circuit reversed the trial court’s award of joint custody.  This case stands out even to a divorce lawyer because it was reversed based on the lower court’s fact findings. 

Before getting in to legalities, a divorce lawyer needs to first understand the facts.  In this case, the child was born out of wedlock and the parents did not live together. The father was a successful businessman from Lafayette who owned a retail store, a shopping center, an apartment complex, and rental properties from which he derived income.

The child resided with the mother until after litigation commenced.  The mother took care of all the child’s needs.  She received sporadic child support from the father.  He would only visit the child on occasional evenings, at which time he simply watched television with the child.  The mother was a stay-at-home mother until 2004, at which time she enrolled herself in LSU-Eunice.  The child began to attend day care two to three times a week, but the mother still retained responsibility for maintaining the child’s well being. 

When Hurricane Rita approached the area, the parties separately evacuated.  However, the father took the child and subsequently filed a paternity action and a petition for sole custody.  It took three years for the trial court to render a judgment in what started to be a simple custody case.  The trial court awarded joint custody of the child.

The appellate court reviewed the entire record and found the trial court committed manifest error.  It noted that the father disregarded a protective order by hiring a private investigator. Furthermore, the record contained a plethora of evidence which suggests that the father attempted to use influence in attaining his desired result.  For example, he requested that a Louisiana State Senator intervene in pressuring a juvenile officer to file a child abuse charge even though the officer found no evidence of such.

The court noted that the record established that the child was a happy and well-adjusted for the first four years of his life. However, the child became the father’s pawn and later his sought-after prize. After reviewing the evidence and considering the law, the appellate court ruled in favor of the mother granting her sole custody.

A divorce lawyer knows that no one is above the law.  When a person or their divorce lawyer attempts to use his resources to manipulate the judicial process, it undermines the integrity and confidence of the proceedings. As such, a court will not tolerate such actions.  Nonetheless, a child born out of wedlock can certainly be the subject of a child custody battle.  Of course, the court will look to what is in the best interest of the child when making a custody determination.

The above is purely informational.  It is not legal advice.  Will Beaumont practices law in New Orleans and provides information, such as the above, but this is not legal advice.