Divorce Lawyer Explains Child Custody in Louisiana

One of the most heavily contested issues a divorce lawyer faces is child custody. Most of the time, the father and mother want custody of their child. However, both spouses point the finger at one another and say how awful of a parent they are. However, Article 131 of the Louisiana Civil Code states that a court shall award custody of a child in accordance with the best interest of the child.

One may ask, ‘how does the court define what’s in the best interest of the child’?  According to Louisiana Civil Code Article 134, a court has guidelines which it must follow in order to make a child custody award. Such factors may include: (1) The love, affection, and other emotional ties between each party and the child. (2) The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child. (3) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs. (4) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment. (5) The permanence, as a family unit, of the existing or proposed custodial home or homes. (6) The moral fitness of each party, insofar as it affects the welfare of the child. (7) The mental and physical health of each party. (8)  The home, school, and community history of the child. (9) The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference. (10)  The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party. (11)  The distance between the respective residences of the parties. (12) The responsibility for the care and rearing of the child previously exercised by each party.

The first factor a divorce lawyer deals with is the child’s emotional ties to the party. For example, if son goes fishing every Saturday with dad and son enjoys this, this will be considered as positive evidence for the first factor. Conversely, if son hates father because father is never home, this will be considered as negative evidence for the first factor. The second factor deals with the parents’ ability to essentially raise the child. If mother takes daughter to church every Sunday, tutors her everyday with homework, and is actively involved in her life, this will be considered positive evidence for the second factor. The third factor has to do with the financial ability of either party to provide the basic necessities for the child. For instance, if father is unemployed and does not have a dwelling, this will gravely hamper his chances of being awarded child custody.

Factors 4 and 5 have to do with the stability and desirability of the environment. Here, courts consider the lifestyles of each parent as presented by a divorce lawyer and determine whether or not if that is going to be suitable for the child. Factor 6 considers each parties moral ethics. If one parent forges checks and bills for work that he did not do, then this will adversely affect his chances of being awarded child custody.

Factors 7 thru 12 are self-explanatory even to someone other than a divorce lawyer. Factor 10 is an important factor especially if the child still likes both of his parents and enjoys being with both of them. If father tells son that mommy is a trifling whore, then the court will consider this as a lack of facilitation and encouragement of a continued relationship between both parties. This is why it is important to have at least a working relationship with your former spouse so that the child will see that you are fostering them a relationship between both parties. So before you engage in a child custody fight, educate yourself on the law and the factors that the court considers. Write down the factors that may be for you and the factors that may be against you. Present this to your attorney so he’ll be familiar with the facts of your case. Once he is familiar with the case, he can then began to put these factors in your favor. Additionally, he’ll show why the other party should not be awarded custody.

The above article is informational.  It is not professional legal advice, so please do not view it as such.  Will Beaumont is an attorney and is only licensed in Louisiana.  He has an office in New Orleans and has an office in Metairie.