In Louisiana, under the custody laws for unmarried parents, a single mother is usually given full physical and legal custody rights over their child. When the mother of the child was not married at the time of the child’s birth, they will also receive all of the legal rights over the child.
The mother of a child will become the custodial parent if the child’s biological father was not listed on their birth certificate and they did not request any rights at the child’s birth. If a child’s biological father did not attempt to establish paternity, the child’s mother will be the one with a claim to the child.
If a biological father of a child does request rights over them, for example, custody or visitation rights, it can lead to custody issues. A biological father can ask for these kinds of rights even when they are not or were not married to the child’s mother.
If a Louisiana court is handling a case that involves a child, it will use the child’s best interests standard when making decisions. The mother of the child can request sole legal and physical custody rights if they believe the father is unable or not fit to care for the child.
For more information on single mother custody rights in the State of Louisiana, a parent can have a legal consultation with a local Louisiana lawyer.
Are There Different Types of Child Custody?
Yes, there are different types of child custody and different combinations of custody arrangements that a parent can have over their child. In custody cases, the court will order an arrangement that it deems to be in the best interests of the child.
The available types of custody arraignment that parents may be awarded or agree to include:
- Sole custody
- Joint custody
- Physical custody
- Legal custody
Sole custody
When a parent is given sole custody of their child, it means they have most of the rights over them. If, however, a court awards sole custody to a parent, typically, the other parent receives generous visitation rights.
Sole custody is usually not the arrangement that is used when both parents are involved in their child’s life. This arrangement is more commonly used in cases of single parents.
Joint custody
When a court awards joint custody, it means that both of the parents will share the responsibilities of raising the child together. In the context of joint custody, parents can have joint physical custody, joint legal custody, or both types.
Physical custody
A parent who has physical custody of their child is the parent whose home the child lives in. This parent will be responsible for taking care of the child’s daily needs, such as their food, clothing, and transportation on a daily basis.
Two parents can also share equal physical custody. When this arrangement is used, the child will live with each parent for the same amount of time in a given year.
Legal custody
Legal custody means that the parent has the right to make important decisions about their child’s upbringing, which includes, but may not be limited to:
- Healthcare
- Education
- Religious practices
Who Determines Child Custody?
In the majority of situations, child custody will be determined either by a court or by an agreement of the child’s parents. When courts make child custody decisions in Louisiana, they will do so using the child’s best interests standard.
When the parents in a child custody case are able to reach their own agreement about an arrangement that works for them, their attorney can draft a custody agreement that outlines each of the parent’s rights and responsibilities. By reaching their own agreement, parents can take into account their own and their child’s circumstances and schedules.
A custody agreement will be able to address any aspect of the custody arrangement, for example, which parent has primary custody and the details of the other parent’s visitation schedule. Child custody agreements must be approved by the court handling the case before they become legally binding.
When a child’s parents are able to come to their own agreement, it can relieve some of the stress related to having a stranger make very important decisions that impact their lives. In most cases, the court will approve a custody agreement that is made by a child’s parents because they will be more likely to cooperate with its terms.
Can a Father Take a Child Away From the Mother?
Typically, a biological father cannot take their child away from its mother. If they do so, it may be considered parental kidnapping.
If the child’s mother is determined to be unfit, the child’s father may not get the right to take the child or sole custody immediately. The child’s parents will first need to follow the formal legal process for getting rights over the child, including attending a court hearing and waiting for the court to issue an order.
Usually, a child will only be immediately removed from its mother’s care if it is in danger. Courts may also give custody to the father of the child if their mother:
- Has passed away
- Is a danger to the child
- Wants to or has signed away her parental rights
When following the child’s best interests standard to make custody decisions, the court will usually consider:
- The employment and financial states of both parents
- The lifestyles of each parent
- The emotional states of each parent
- The age of the child
- The child’s medical, physical, and emotional needs
Can I Move With My Child Without the Father’s Permission?
When the mother of a child is considering moving, whether it will be across town or to a different state, they should request a modification of their custody order or agreement. It is common for these issues to arise when a parent gets a new job that requires the parent to move.
If this happens, the parent can argue that the move will be in the child’s best interests, as the parent will be better able to provide for their child. A parent is typically not allowed to move outside of the state without first getting permission from the court.
If a parent needs to move outside of the state and they do not first get permission, issues may arise under interstate child custody laws. Without getting permission, a moving parent can face a loss of their custody rights and, in some instances, jail time.
If, however, the child’s parents were never married and there is no court order in place, the mother is free to move anywhere and at any time.
Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?
If you are a single mother in Louisiana who has questions about custody rights, a Louisiana child custody attorney can provide you with advice as well as represent you in court. Your lawyer will be able to help you understand the custody laws in Louisiana, ensure your parental rights are protected, and help you get the outcome you desire.
In only around 15 minutes, you can submit your custody concern on the LegalMatch website to take advantage of LegalMatch’s lawyer matching services. Within around 24 hours, you will get responses from member attorneys who can assist you with resolving your child custody concerns.
