The rights parents have to make decisions about their children is referred to as child custody. Orders that outline child custody arrangements outline which of the parents are responsible for making decisions for their child as well as where the child will reside for the majority of the time.
The parent who is given most of the rights over a child and whom the child resides with the majority of the time is referred to as the custodial parent. The custodial parent is the parent who takes care of the day-to-day issues of the children and who makes decisions about:
- Education;
- Healthcare;
- Religion;
- Other decisions made by the main caretaker of a child.
The other parent who is usually awarded visitation rights is the non-custodial parent. The non-custodial parent may also be required to pay child support to the custodial parent.
In the State of Louisiana, if the parents are not married, all of the rights belong to the mother. An unmarried father does not have any legal rights to custody or visitation.
However, if the unmarried father establishes paternity, they will also have legal rights related to the child. An unmarried father may establish paternity by putting his name on the birth certificate or by signing a voluntary acknowledgement of paternity stating they are the father.
It is important to be aware that any decisions made regarding a child, including those involving visitation and custody, are made under the child’s best interest standard. This standard provides that what is in the best interest of the child will take precedence over the needs or wants of the parents.
If an unmarried father establishes paternity, disputes that arise involving child custody or child support can be treated as though the parties were married. This means, even if the mother does not want to share parenting time, a court will likely establish a custody order that preserves both parental relationships.
What Rights Do Unmarried Fathers Have in Louisiana?
The rights of an unmarried biological father in Louisiana will vary depending on their legal classification, including:
- Putative father: An individual who claims to be the biological father but has not legally established paternity;
- Presumed father: An individual who is presumed to be the child’s father based on certain facts, such as:
- If the presumed father voluntarily acknowledges paternity;
- If a child is born during or shortly after a divorce and the husband of the marriage is considered the child’s father;
- If the presumed father openly treats, as if the child were his own;
- Unmarried father: States will often define an unmarried father as the child’s biological parent who was not married at the time the child was born;
- An unmarried father has to put his name on the child’s birth certificate or sign an acknowledgment of paternity affidavit to legally establish their rights;
- Once an unmarried father has been deemed to be the child’s biological father, they will have the full legal obligations of caring for the child, including paying child support.
If a child’s parents are not married and paternity is established, both the father and the mother have equal rights to the child until otherwise ordered by a court. If a mother can demonstrate that there is a risk of the father causing serious harm to the child, the court may order supervised visitation or award sole custody to the mother.
If an individual in Louisiana has any questions about their status as a parent, they can consult with a local attorney in Louisiana for a legal consultation.
Can a Mother Keep a Child Away from the Father in Louisiana?
Generally, in the State of Louisiana, a mother will not be able to keep a father away from their child unless they are deemed unfit. Louisiana provides fathers with legally protected rights to participate in the lives of their children, including having visitation and shared custody.
In Louisiana, if there is no agreement between the parents, joint custody is mandated. The court only awards custody to one of the parents over the other if they are able to demonstrate that joint custody is not in the child’s best interests by clear and convincing evidence.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
Child custody laws for unmarried parents can vary by jurisdiction. Because of this, it is very important to consult with a local lawyer to determine which laws apply. In the majority of situations, courts will order shared or joint custody, as discussed above.
Typically, one parent will be named as the custodial parent. It is very uncommon for the non-custodial parent not to be awarded any visitation rights. This will only occur in a situation where one parent is deemed unfit based on physical abuse, substance abuse, or other issues. If a paternity dispute does arise, either parent may ask the family court to establish paternity.
This is only necessary when the father’s name is not on the birth certificate or when the father did not sign an acknowledgment of paternity. This can be done using a DNA test.
Once paternity is established, unmarried fathers will have the same rights as married fathers. If the parents can come to an agreement, they may be able to avoid a custody battle.
Parents are permitted to draft their own custody agreements and have them approved by the court. Even if an agreement is made, the court will still use the child’s best interest standard when making any child custody decisions, including approving an agreement.
Both parents should have legal representation during custody cases, including when making custody agreements. A lawyer can help the parents understand the consequences of all of the possible decisions they can make.
What Are Some Other Issues That Unmarried Parents May Experience?
There are also other issues that unmarried parents in Louisiana may face. One issue is which of the parents will claim the child on their taxes, as only one of the parents is allowed to do so.
If one of the parents is not the child’s legal parent, such as a step-parent, they may not be able to make certain decisions on behalf of the child because the legal parent will have priority. In these situations, it is often easier for a step-parent to adopt the step-child, if possible, so they can make decisions as a legal parent.
Child support is another common issue that unmarried parents face. To care for a child, the custodial parent can receive financial support from the non-custodial parent, even if the parents are not married.
Jurisdiction is also an issue that arises in custody cases. If the parents live in different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) states that the child’s home state will be the court that has jurisdiction over child custody matters.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
If you have any questions, concerns, or issues regarding child custody in the State of Louisiana, it is very important to consult with a Louisiana child custody lawyer. You should keep in mind that the best interests of your child will be considered above all else, including your wishes and preferences.
Your lawyer will tell you the laws in Louisiana that apply in your case, how to protect your interests and your child’s, and strategies to compromise with the child’s other parent so that all parties can be satisfied with the arrangement.
LegalMatch provides you with a database of prescreened member lawyers who can help you with your Louisiana child custody issue. All you have to do is submit your concern for free on the LegalMatch website, and you will receive responses in about 24 hours.
