CHILD CUSTODY
Custody Law
In Practice Since 1994 | Louisiana State Bar Association Member
In Practice Since 1994Louisiana State Bar Association Member
Minimize the Impact of Your Divorce on Your Child
There are no winners in any custody case. The children will almost invariably suffer the most, and whatever the outcome, parents likely will always have to deal with each other in connection with the children, barring death or another catastrophe.
In the divorce proceeding or thereafter, either spouse may request a determination of custody, visitation, child support, spousal support, and property rights. Custody is often the most crucial and emotionally charged issue during or after the divorce. Professional mental health counseling may be beneficial to both the children and parents in learning how to cope with this life crisis.
While joint custody is presumed to be in the best interest of the children, this legal presumption can be rebutted by either parent proving that sole custody is in the children's best interest (Louisiana Civil Code Articles 131 and 134).
Schedule a consultation with the attorney at Dawn Mims Law Offices today.
Article 134 - Factors in Determining a Child's Best Interest
- Part A
Except as provided in Paragraph B of this Article, the court shall consider all relevant factors in determining the best interest of the child, including;
- The potential for the child to be abused, as defined by Children's Code Article 603(2), which shall be the primary consideration.
- The love, affection, and other emotional ties between each party and the child.
- The capacity and disposition of each party 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 party to provide the child with food, clothing, medical care, and other material records.
- 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 party, insofar as it affects the welfare of the child.
- The history of substance abuse, violence, or criminal activity of any party.
- The mental and physical health of each party. Evidence that an abused parent suffers from the effects of past abuse by the other parent shall not be grounds for denying that parent custody.
- The home, school, and community history of the child.
- The reasonable preference of the child, if the court deems the child to be of insufficient age to express a preference.
- The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party, except when objectively substantial evidence of specific abuse, reckless, or illegal conduct has caused one party to have reasonable concerns for the child's safety or well-being while in the care of the other party.
- The distance between the respective residences of the parties.
- The responsibility for the care and rearing of the child previously exercised by each party.
- Part B
In cases involving history of committing family violence, as defined in R.S. 9:362, or domestic abuse, defined in R.S. 46:2132, including sexual abuse, as defined in R.S. 14:403(A)(4)(b), whether or not a party has sought relief under any applicable law, the court shall determine an award of custody or visitation in accordance with R.S. 9:341 and 364. The court may only find a history of committing family violence if the court finds that one incident of family violence has resulted in serious bodily injury, or the court finds more than one incident of family violence.
The single most important test should always be what is in the children's best interest. Be prepared to explain why you should have custody.
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