Who Has Child Custody?

Custody in Louisiana carries the label of either joint custody or sole custody and the courts are looking for a solution in the best interests of the child. Essentially the courts begin with joint custody unless one of the parents can show that by clear and convincing evidence that it is in the best interest of the child for sole custody to be awarded to one parent. The courts consider twelve factors when determining custody:

The love, affection, and other emotional ties between each parent and the child.
The capacity and disposition of each parent to give the child love, affection, and spiritual guidance and to continue the education and rearing
of the child.
The capacity and disposition of each parent to provide the child with
food, clothing, medical care, and other material needs;
The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment;
The permanence, as a family unit, of the existing or proposed custodial
home or homes;
The moral fitness of each parent, insofar as it affects the welfare of the child;
The mental and physical health of each parent;
The home, school, and community history of the child;
The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference;
The willingness and ability of each parent to facilitate and encourage a
close and continuing relationship between the child and the other parent;
The distance between the respective residences of the parties;
The responsibility for the care and rearing of the child previously exercised by each parent.

Remember, you must provide your attorney with the factual details of all incidents that fit into the above criteria. An easy way to prepare for a custody trial is to keep a calendar or journal of the child's day to day activities and contact with both parents. If you do not supply detailed information to your attorney, he cannot get the evidence to the judge.

Sexual or physical abuse allegations should be made with extreme accuracy because they can invoke rigid visitation or custody restrictions. If sexual or physical abuse allegations are made inappropriately or incorrectly, the courts have been known to sanction those persons, including assessment of fines, orders to pay attorney's fees, and removing custody of the child from the parent making the allegations.

If a non-parent, including grandparents, seeks custody of a child versus a parent, the court does not use the "best interest of the child" test, but must find that an award of joint or sole custody to either parent will result in substantial harm to the child.