Child Custody FAQs: How Louisiana Courts Decide On Custody
Navigating a child custody case can be one of the most emotionally challenging experiences a parent can face. The legal complexities and the deep personal stakes involved create a stressful environment where every decision feels monumental. When your family’s future is on the line, you need clear, reliable information. An experienced Lafayette family law attorney can provide the guidance necessary to navigate these sensitive matters. At Domengeaux Wright Roy & Edwards, our dedicated attorneys understand the questions and concerns that arise during this difficult time. We are committed to protecting your rights and advocating for the best interests of your children. If you are looking for a child custody lawyer in Lafayette, we are here to help you understand your legal options and pursue a favorable resolution.
Our team has helped countless families across Louisiana find a path forward. We have prepared this guide to answer some of the most frequently asked questions about how Louisiana courts handle child custody.
Can a Child Choose Which Parent to Live With in Louisiana?
A common question is whether a child can decide which parent they want to live with. In Louisiana, the court’s primary consideration in any custody case is the “best interest of the child.” While a child’s preference is one of the factors a judge may consider, it is not the only one, nor is it automatically decisive.
According to Louisiana law, a judge will evaluate if the child is of sufficient age and maturity to express a reasonable preference. There is no specific age when a child’s choice becomes binding.
The court will weigh the child’s preference alongside other factors, such as:
- The emotional bonds between the child and each parent.
- Each parent’s ability to provide love, guidance, and continuing care.
- The stability of each parent’s home environment.
- The moral fitness of each parent.
- The physical and mental health of each parent.
Ultimately, a judge makes the final decision based on a comprehensive assessment of what will best serve the child’s well-being and development.
Joint Custody vs. Sole Custody
Understanding the types of custody arrangements is crucial. In Louisiana, custody is divided into two categories: physical and legal.
- Shared Custody: Shared Custody is an umbrella term that generally refers to arrangements where parents equally share both the physical care and the legal decision-making authority for their child. While it is similar to joint custody, “shared custody” often implies a near 50/50 division of the child’s physical time between the two parental homes. The goal is to ensure the child benefits from maximum involvement with both parents.
- Joint Custody: This is the most common arrangement in Louisiana, as state law presumes that it is in the best interest of the child to have frequent and continuing contact with both parents. Joint custody does not always mean a 50/50 split of time. It can involve one parent being the domiciliary parent (the parent with whom the child primarily resides), while the other parent has a set visitation schedule. In a joint custody arrangement, both parents typically share the right and responsibility to make major decisions about the child’s life, including education, healthcare, and religious upbringing.
- Sole Custody: In this arrangement, one parent is granted both sole physical and legal custody. This means the child lives with one parent, and that parent has the exclusive authority to make all major decisions for the child. Sole custody is typically awarded only in situations where granting custody to the other parent would be detrimental to the child. This could be due to issues like abuse, neglect, substance abuse, or other circumstances that make the parent unfit.
How To Modify a Child Custody Agreement in Louisiana
Life is not static, and circumstances can change after a custody order is put in place. A parent may wish to modify a custody agreement due to a job change, a necessary relocation, or a shift in the other parent’s living situation.
To modify a custody order in Louisiana, the parent seeking the change must prove to the court that there has been a “material change in circumstances” since the original order was issued. Additionally, they must show that modifying the order is in the child’s best interest. The court will not consider minor or temporary changes as sufficient grounds for a modification. The process involves filing a formal motion with the court, which is why having a Lafayette family law attorney is so important to ensure all legal procedures are followed correctly.
Your Trusted Child Custody Lawyer in Lafayette
Custody Rights for Unmarried Parents in Louisiana
For unmarried parents, establishing custody rights requires specific legal steps. When a child is born to unmarried parents in Louisiana, the mother is automatically granted sole custody. The father does not have any custody or visitation rights until he legally establishes his paternity.
A father can establish paternity by signing an Acknowledgement of Paternity form with the mother at the hospital or later through the state registrar.
If the mother contests paternity, the father may need to file a petition with the court to establish his parental rights. Once paternity is legally established, the father can then petition the court for custody or visitation. The court will then make a decision based on the child’s best interests.
How Relocation Affects Custody Orders in Louisiana
If a parent with custody wishes to move with their child, they must follow the procedures outlined in the Louisiana Relocation Statute.
This law applies if a parent intends to move the child’s principal residence:
- Outside the state of Louisiana.
- Within the state to a location that is more than 75 miles from the other parent’s residence.
The relocating parent must provide the other parent with a formal written notice of the proposed move. The other parent then has a specific timeframe to object. If they object, the parent wishing to move must get permission from the court. The court will hold a hearing to determine whether the relocation is in the child’s best interests.
What To Do If the Other Parent Violates a Custody Order
A court-ordered custody arrangement is legally binding. When one parent fails to follow the terms, it can create significant disruption and distress. Violations can include denying visitation, not returning the child on time, or making major decisions without consulting the other parent.
If the other parent violates the custody order, you should not take matters into your own hands. Instead, you can seek legal enforcement through the court. A child custody lawyer in Lafayette can help you file a contempt motion.
If the judge finds the other parent in contempt of court, they can impose penalties, which may include:
- Fines
- Making the non-compliant parent pay your attorney fees
- Ordering make-up visitation time
- Modifying the custody order
- In severe cases, jail time
If the violation involves failure to pay court-ordered child support, the court has several enforcement tools. These can include wage garnishment, placing liens on property, or suspending driver’s licenses. Filing a motion to enforce the child support order is the first step toward securing the financial support your child deserves.
Make the Wright Choice for Your Family’s Future
Family law matters require a steady, knowledgeable hand to guide you through the legal process. At Domengeaux Wright Roy & Edwards, we are committed to helping you understand your options and fighting for an outcome that protects your family.
If you are facing a child custody dispute in Louisiana, don’t wait to seek legal help. Contact a Lafayette family law attorney from our firm today to schedule a consultation. Let us help you make the Wright difference for your family.
