While divorce is hard on the two adults going through it, it can have intense impacts on your children. In some instances, you may find that your child has expressed their opinion about who they would prefer to live with during a custody battle. However, there are a number of factors that the judge will consider when creating a custody plan, so understanding whether or not the judge will consider the opinion of the child is vital. The following blog explores the factors influencing a custody decision and explains how a Monroe, Louisiana child custody lawyer can help you navigate this process.
What Factors Will the Judge Consider During a Custody Battle?
In general, many judges will start examining a custody decision under the pretense that they will award a 50-50 split, as this is generally the best method for the child. However, they will examine a number of factors to determine the final custody allocation. This includes the following:
- The child’s relationship with each parent
- The ability of each parent to provide a safe environment for the child
- The location of each parent’s home to the child’s school
- The job responsibilities of each parent
- The parents’ history of caring for the child
While these are not the only factors a judge will consider when determining custody, these considerations are vital when deciding the final allotment of custody for each parent, as the judge must make a decision that puts the child’s best interest above all else.
Additional Factors Louisiana Courts May Evaluate
In Louisiana, the courts will consider additional factors to determine the best custody arrangement for the child.
- Each parent’s work schedule and the demands of their career
- The ability of each parent to provide a safe and stable home environment
- Whether or not either parent has allegations of abuse or neglect
- Each parent’s history of caring for the child
What “Best Interest of the Child” Means in Louisiana
Under Louisiana law, custody decisions are based on the arrangement that best supports the child’s:
- Physical safety
- Emotional well-being
- Long-term health and wellness of the child
- Relationship with both parents
- Educational stability and needs
Does the Preference of a Child Hold Weight When Awarding Custody?
In some instances, the child may speak to the judge about their preference for where to live. Unlike other states that only grant children over a certain age the opportunity to express their preference, Louisiana will consider the child’s maturity.
For example, a 13-year-old may say she wants to live with her mother because her father does not let her go out with friends without an adult present. Though she is expressing her opinion, this will not carry any weight when the judge is making their decision. However, if a 9-year-old boy wants to live with his father because his mother leaves him home alone for extended periods of time, the judge will consider this factor.
Generally, a judge will not have the child speak in court, as this can be overwhelming for many. Instead, the judge may speak with the child privately in chambers, though the procedures can vary depending on the court, the judge, and the circumstances of the custody case. Typically, a court reporter and the child’s legal representation will be present. The parents are not allowed to be in the room, as this could sway how freely a child speaks.
It is essential to consider that the judge does not have to take the child’s preference into consideration when awarding custody, but it can influence their final decision.
When a Child’s Preference May Matter More
- The child demonstrates maturity and understanding of the circumstances
- The child’s concerns about their own health and safety
- The child’s preference appears voluntary and uncoerced
- The child discusses abuse or neglect
- The child’s reason supports their best interests
A judge may weigh the child’s input less if:
- The child’s preference is simply because one parent is more lenient
- The child appears to be coached by a parent
- The child is not sufficiently mature
- The child’s preference directly conflicts with their best interest
It’s important to understand that, in Louisiana, there is no age at which a child can choose which parent to live with. Instead, the courts will evaluate maturity on a case-by-case basis, ultimately maintaining final authority in these matters.
What Should Parents Avoid Doing in Louisiana Custody Cases?
If you are going through a divorce, understanding how to best protect yourself is imperative. As such, there are certain behaviors that you should avoid during this process, as it could negatively impact the court’s perception of your parenting abilities. Things you should avoid include:
- Speaking negatively about the other parent in front of the child
- Attempting to coach the child prior to court hearings
- Pressuring the child into choosing sides
- Posting anything about the custody case on social media
- Violating the temporary custody schedule
Contact an Experienced Monroe Family Law Attorney
When you’re going through a custody battle, ensuring you have an experienced lawyer on your side is crucial. Our Ouachita Parish legal team can help you determine the best possible outcome for your circumstances. Contact the Offices of Beithaupt, DuBos, & Wolleson today to learn more about how we can help you and your family.