Louisiana Family Law: Civil Code Article 134(5) and its Applicability to a Divorce Attorney

This article deals with Louisiana Civil Code Art. 134(5) and the proposed home for the child.  One of the arguable goals Article 134 is stability.  A court will typically be wary to place a child in a living or family situation which is unsafe, unsure, or unstable – a divorce attorney, too, will likely have a hard time arguing for something that is not in the child’s best interests.  This is one area which section (5) deals with.  Imagine for a moment two very different living arrangements offered by two parents of a child.  In one situation, the parent has a steady job which they have had for over twenty years.  They live in the same home which they have had for twenty years.  This parent has a wide network of friends and family who routinely visits and supports the home, and this has been the case for a long time as well.  Also, imagine that this particular parent’s divorce attorney shows to a court that they do not plan on changing their living situation any time soon.  
Now imagine the other parent’s living arrangement.  They are shiftless, often changing apartments within the same calendar year—sometimes even changing the city or town in which they live.  Imagine that they do not have a steady or consistent job, and they are frequently living “paycheck to paycheck.”  They do not possess extended family, stable social ties, or other community affiliations.  In total, let us say it can be argued by the other parents divorce attorney or lawyer that they have failed to display a commitment to preserving a secure and steady home life for themselves or their children.
In the above example, it is easy to see that one parent clearly offers a more “permanent family unit” than does the other.  Under section (5) of Article 134, a court very well might consider this a determining factor.   However, permanence does not necessarily mean than one parent has more friends or more money.  Section (5) contemplates more specifically the “family unit.”  It is of the utmost importance that security and education provided by a familial network be, where possible, preserved.  In this sense, a stable a traditional home—one with caring and supportive family members—can arguably trump another situation where a parent may possess more material resources. This point should not be underemphasized; the law in Louisiana does not deprive you of custody simply because you are poor.
Most times though, the analysis is not as easy as above.  Both parents can lay claim to providing a degree of “permanence” in the home that they can provide for the child.  In such cases, a court can look to other sections of the Article in making their decision.  Also, child support is a tremendous equalizer.  If one parent has significantly more resources than the other, this may be due to that parent not providing support pursuant to the Louisiana child support guidelines.
Will Beaumont is a divorce attorney in New Orleans. This article is informational, not legal advice.