When you are enduring a custody battle, many assume that as long as they are financially stable, the courts will rule in their favor. However, this is not true. There are many different factors that the courts will consider before making a decision. If you are going through a custody battle, it’s essential to understand how a judge will determine the outcome and why you need a Monroe, Louisiana child custody lawyer to help fight for your child’s best interest. The following blog explores what you must know about the various factors that can impact the custody decision.
What Financial Stability Means in a Louisiana Custody Case
In Louisiana, a parent’s financial stability does not determine custody on its own. The courts will consider a number of factors to determine the arrangement that is best for the child in terms of stability and safety. While financial stability is a factor, it is weighed in conjunction with other factors, like caregiving history and mental health.
Many assume that financial stability means that a person is wealthy or has a high-paying job. However, in terms of custody, financial stability typically refers to whether or not a parent has the ability to consistently provide basic needs for a child in a safe and reliable environment.
Considerations the Court Will Consider
- The ability of a parent to maintain stable housing for the child
- The ability of a parent to provide food, clothing, and utilities consistently
- Whether or not the parent can provide healthcare and insurance coverage for the child
- If the parents’ income is predictable, rather than the amount of income
- The parents’ ability to maintain reliable employment
It’s important to understand that, in custody matters, financial stability focuses on the availability of reliable income, as opposed to income level.
Why Higher Income Does Not Guarantee Child Custody in Louisiana
The courts prioritize the child’s best interest when issuing a custody decision. For example, the courts may find that one parent has a significantly higher income than the other. However, if this parent works long hours and must travel frequently for their job, it would not be in the best interest of the child to reside with this parent full-time.
If this is the case, and the other parent, despite having a significantly lower income, is able to meet the emotional and material needs of the child, they could receive custody. This is because Louisiana judges have the ability to weigh these circumstances on a case-by-case basis in accordance with the specific facts of each family.
Situations Where a High-Earning Parent May Be Disadvantaged
- They have a job that requires frequent travel
- They have limited availability for academic, medical, or extracurricular involvement
- There is a heavy reliance on third-party caregivers, like nannies or babysitters
- They have inconsistent daily interactions with the child
How Can Lower-Income Parents in Louisiana Secure Custody?
As mentioned, there are a number of factors the courts will consider when determining the custody of a child. The court will not penalize a parent simply because they earn less. In fact, the court may favor a lower-earning parent if they can show they have a strong emotional presence and are actively involved in their child’s life.
Factors That Strengthen a Lower-Income Parent’s Case for Custody
- Actively preparing meals for the child
- Maintaining routines
- Attending medical appointments or meeting with teachers
- Providing consistent supervision and emotional support
- Living close to the child’s school and extracurriculars
- Showing they have a history as the child’s primary caregiver
Additional Factors Louisiana Courts Consider
It’s important to understand that, while finances are important, there are a number of factors the courts must consider before making a custody decision. This is because Courts in Ouachita Parish and across Louisiana are required to ensure that the child’s best interest standard is met, meaning they must prioritize the health, well-being, and emotional stability of the child above all other factors, including the wants and wishes of the parents.
Non-Financial Factors That Carry Significant Weight
- Allegations of abuse or neglect against either parent
- If either parent has a criminal record
- Whether or not either parent has an issue with substances
- The mental health and emotional stability of each parent
- If the child is old and mature enough to share their preference on who they wish to reside with
- How willing each parent is to encourage a healthy relationship between the child and their other parent
The Role of Child Support in Financial Imbalance Cases
Generally, the courts will do everything possible to make custody even between parents, so long as it does not go against the child’s best interest or put them in immediate danger. As such, financial stability is a factor when determining custody, but it may not play as large a role as many assume.
In fact, these imbalances are often addressed through child support. As such, this can help ensure that the child is financially supported by both parents, even if they are no longer together, as a means of ensuring the best custodial arrangement.
Contact an Experienced Louisiana Family Law Firm Today
At Breithaupt, DuBos, & Wolleson, our dedicated legal team understands how important child custody is to you and your family, especially when financial stability is a concern. As such, our team will do everything possible to fight for the best interests of your child. Contact us today to learn how we can help you during these complicated and emotional times.