How to Get Full Custody of a Child in Louisiana

There are two types of custody in Louisiana, as in most states: legal and physical. Both kinds can be sole, shared, or joint in Louisiana. If parents have shared physical custody, their child lives with both parents for roughly equal amounts of time. Parents who have joint legal custody would make major decisions about their child’s upbringing collaboratively, but the child may reside primarily with only one parent while the other has visitation.

Generally, courts in Louisiana prefer shared or joint custody, both physical and legal. This is true for parents who are getting a divorce or a legal separation. The custody laws for unmarried parents who do not live together are the same. A local Louisiana attorney would be able to explain Louisiana custody laws in more detail.

Louisiana courts prefer shared and joint custody arrangements because it is believed that it serves the child’s best interest for them to maintain frequent and regular contact with both of their parents.

There are some cases in which a court might grant one parent sole or full custody. These would be cases in which one parent can produce convincing evidence to show that such an arrangement would meet the child’s best interests standard.

A court considers several factors in making child custody decisions in Louisiana. These would include the child’s age and maturity. If the child is old enough, the court might have the child express its preference.

Again, the parent who wants sole legal and physical custody would have to present solid evidence to the effect that limiting the other parent’s involvement in their child’s life would be in the child’s best interest, because the other parent is unfit and the parent who wants sole custody is a fit parent.

The situation may be different if a father is not married to the child’s mother. If a father is married to the mother when the child is born, fully shared custody is the preferred arrangement. However, if the father was never married to the child’s mother, the mother would be given full custody. The father does not have a right to legal custody or even to visitation with the child.

What the father must do in this situation is to establish his paternity of the child. This gives the child the right to inherit from the father, and other rights as well.

It also gives a court the power to enforce a father’s duty to pay child support. Most importantly, it also gives the father the right to go to court to seek physical and legal custody.

A court does not automatically give a father legal or physical custody if the father establishes his paternity. The court still considers all of the relevant factors and makes a decision that serves the best interests of the child.

What Are the Requirements for Full Custody?

It is essential to understand that the courts in Louisiana generally prefer shared and joint custody, both legal and physical, as they believe that maintaining a child’s frequent and regular contact with both parents is what meets the child’s best interests.

However, there are situations in which a court might grant full physical and legal custody to one parent. It would only be in the rare case that one parent might be able to meet full custody requirements.

A parent who wants full physical and legal custody must gather persuasive evidence that supports their request and demonstrates why it is necessary to limit the other parent’s involvement in the child’s life, i.e., why the other parent is not fit.

Factors that might lead a court to award full custody to one parent relate to the following conduct on the part of the other parent:

• Involvement in domestic violence
• Has engaged in abuse of the child
• Has abused substances in the past
• Has been guilty of child neglect
• Has significant mental health issues
• Has a criminal record
• Exhibits other conduct that would put the child’s safety or well-being at risk.

Other factors that courts consider in making all child custody decisions in Louisiana are the following:

• The child’s age
• The emotional and physical health of each parent
• The kind of relationship each parent has with the child
• Each parent’s ability to provide a stable and emotionally healthy home environment for the child
• Whether each parent is willing to work cooperatively with the other on matters involved in custody and decision-making
• The parent’s ability to meet the child’s educational, medical, and emotional needs
• How often each parent has contact with the child and the quality of that contact.

Another factor that might lead to one parent winning full custody would be the other parent’s violations of a custody order. So, if a parent does not adhere to a visitation schedule that has been ordered by the court, this may possibly lead to that parent losing all right to legal and physical custody.

In addition, violating an existing court order might lead to a parent being held in contempt of court, and this can lead to jail time. It is important for parents to recognize that when a court order is in place, they cannot just do what they want. They need to obey the order.

If the other parent seeks modification of the order or a ruling of contempt, the parent who violated the court order may find themselves losing custody.

How Is Custody Determined?

A lawyer consultation would be the best way to find out how Louisiana courts determine child custody. Generally speaking, a parent files a petition for a divorce or legal separation. If they are already divorced, separated, or were never married to the other parent, they would file a petition for full custody. Then, they would want to gather the evidence they need to make their case.

Evidence might consist of police reports, medical records, or the criminal record of the other parent if they have one. A parent would also want to line up witnesses who might testify in support of their position at their court hearing.

The parent then submits a legal document that states their request for sole parenting time and decision-making responsibility. They would include the reasons why they believe it is in the child’s best interest. The other parent must receive a copy of this legal document, and they must have an opportunity to respond to it.

Then, the parents must attend any court hearings that are scheduled with a judge. The judge allows the presentation of evidence and listens to arguments from both sides. The judge then considers the evidence and what it shows regarding the factors they apply in making a custody decision. The judge then issues an order which contains their decision.

Do I Need To Hire a Lawyer for Help With Child Custody Issues?

If you believe that you should have full custody, legal and/or physical, for your child, you want to consult a Louisiana child custody lawyer. LegalMatch.com can connect you to a lawyer who is experienced in Louisiana custody law and can help you make your strongest case.