There are a variety of factors that a court may look to in determining custody. One such factor is willingness to include the other parent with the child.
To a divorce attorney in Louisiana, a court has a number of resources at their disposal when it comes to deciding what oftentimes very thorny and divisive family law issues. One such source is article 134 under the Louisiana Civil Code. This article deals specifically with issues pertaining to child custody. It lays out a dozen factors for a court to work through, one by one, making sure that each is fully addressed and answered before rendering a decision. Although some may seem fairly simple and common place, many times the answers to these questions are complex and involve a lot more than simple intuition. Today’s article will deal solely with one of those factors, factor number ten: The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
We have to remember that after a family is split apart, things can be acrimonious. This may not always be the case, but it is certainly a prevalent theme that a divorce attorney faces. The husband and wife most likely have grudges, vendettas, and other bad blood between them. While no one likes to see something like a marriage turn into its opposite—a divisive and bitter argument where no love is lost—it is even more unfortunate when there are children involved.
That said, factor ten under article 134 tries to take into account the willingness of each parent to forget the bad feelings between themselves, and instead to focus on keeping the child close to the other parent regardless. This is an important aim of the Louisiana family court system, and it should not be underestimated. Imagine two different scenarios, two different sets of parents. In one situation, the parents cannot stand one another, and they are open and passionate about this topic, and not just to their divorce attorney. Not only do they speak badly of the other while in the company of their children, but they represent as much to the courts as well. They think the other parent is a horrible person, and that they should have no control over the well-being of the child.
Now let’s say we have another situation, one in which the parents are not on the best of terms, yet have made a decision to put their ill-will aside and put the welfare of the children above all. They teach their children to respect the other parent, and they actively encourage the child to seek the company of the other parent.
In these two situations, it’s clear which one would be more beneficial for the child. And that is the simple reason why factor ten is an important consideration under article 134 of the Louisiana Civil Code. Remember, this is only one of twelve factors. That said, assuming all other things are equal, factor ten can be a real difference to a divorce attorney in a custody proceeding.
This above is informational only, not legal advice. Will Beaumont. New Orleans.
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