For many, going through a divorce is an incredibly difficult matter that will impact all facets of their lives. However, one impact it can have is on your children. It’s important to understand how custody decisions are made in Louisiana so you can understand what to expect. The following blog explores the different arrangements and the factors that can influence the court’s decision. You’ll also learn the importance of working with a Monroe, Louisiana child custody lawyer during these difficult matters.
What Are The Different Kinds of Custody Arrangements?
It’s important to understand that there are generally two kinds of custody a parent can be awarded – physical or legal. Physical custody refers to who the child resides with at any given time. When parents are awarded joint physical custody, they may have equal parenting time. However, there are circumstances in which the parent has a greater share of physical or custody, making them the custodial parent. In other instances, one parent may be awarded sole custody while the other parent has visitation rights
Legal custody, on the other hand, refers to the right of a parent to make important decisions for the child. For example, this includes matters like where they go to school, what extracurriculars they participate in, the medical care they receive, and even what religion they adhere to. Like physical custody, this can be sole or joint, depending on the circumstances of the family.
What Elements Do Courts Consider in Custody Decisions?
First and foremost, it’s critical to understand that the courts adhere to the “best interest of the child” standard when making custody decisions. Generally, this means that the court will guarantee the child’s health, well-being, and happiness above all else when making decisions regarding custody. In addition, the courts generally believe that it is best for the child to maintain a relationship with both parents. As such, the courts will begin this decision by assuming that joint custody is best for the child. However, as they examine certain elements, they may decide this is no longer best for the child. As such, the courts will take the following into consideration when determining the best interest of the child:
- The health and age of each parent
- The ability of each parent to cooperate with the court’s decision
- The ability of each parent to provide a safe and stable home environment
- The willingness of each parent to cooperate with each other
- Where each parent lives in relation to one another
- Where each parent lives in relation to the child’s school, friends, and community
- The job demands of each parent
- How many children are involved
- Any allegations of drug or alcohol abuse
- Any allegations of child abuse, domestic violence, or neglect
As you can see, there are many factors the courts will consider to determine what custody arrangement is best for the child. Unfortunately, these matters can be difficult, which is why working with an experienced attorney is in your best interest.
At Breithaupt, DuBos, & Wolleson, LLC, our dedicated legal team will do everything possible to help guide you through these difficult matters. We understand how nerve-wracking custody matters can be, which is why our firm is ready to fight for the best interest of you and your family. Contact our team today to learn more.