Louisiana custody and visitation laws prioritize the "best interest of the child." Here's a breakdown of key aspects:
Key Points:
Best Interest of the Child:
This is the paramount consideration in all custody and visitation decisions.
Courts weigh various factors to determine what arrangement serves the child's well-being.
Joint Custody:
Louisiana courts generally favor joint custody arrangements, where both parents share legal custody (decision-making) and may or may not share equal physical custody.
There are different types of joint custody such as shared custody, where physical custody is shared equally.
Sole Custody:
Sole custody, where one parent has primary legal and physical custody, is granted when joint custody is not in the child's best interest.
Visitation Rights:
Non-custodial parents typically have visitation rights unless the court determines it would harm the child.
Visitation rights may also be granted to grandparents or other relatives under specific circumstances.
Factors Considered:
Factors the court considers include:
The parents' ability to provide a stable environment.
The child's wishes (if they are of sufficient age and maturity).
The parents' willingness to cooperate.
Any history of domestic violence or abuse.
Legal and Physical Custody:
It is important to understand the difference between legal and physical custody.
Legal custody: Concerns the right to make major decisions about the child's life (education, healthcare, etc.).
Physical custody: Concerns where the child lives.
Where to find more detailed information:
LouisianaLawHelp.org:
This website provides valuable legal information and resources for Louisiana residents, including details on child custody and visitation.
Louisiana State Legislature:
This website provides access to the actual Louisiana state laws.
Louisiana Department of Children & Family Services:
This website provides information on programs like the Access and Visitation Program.