Louisiana Divorce Custody
Child custody laws Louisiana are very stringent regarding the custody of the child. Courts handling Louisiana divorce custody cases try to determine the best interests of the child and safeguard the welfare and secures safety of the child.
With the above mentioned intentions, judges in Louisiana courts follow the below given factors to determine who must get the custody of the child:
Across the USA, divorce custody cases are given a final hearing only after considering what helps the child and suits his medical, educational, religious and social needs of the child.
- While ruling for divorce custody cases in Louisiana, judges try to first give a chance to the divorced parents to arrive at a decision of child custody and visitation rights. In case, the parents fail to reach at an agreement or the final arrangements are found to be unsuitable for the best interests of the child, then the courts try to assess which parent can “fit the bill”. This refers to which parent can provide the optimal emotional, psychological and social support to the child. That parent is awarded the custody of the child.
- While handling divorce child custody cases, courts try to determine the physical and mental fitness of the parent who gets the custody of the child. If a divorced spouse proves that the other parent is physically unfit or is suffering from any mental ailment then the latter would not get the custody of the child.
- Parent-child bonding is an important issue which is assessed while awarding the custody of the child. How well the child has bonded with the parent, what are the priorities of the parent regarding rearing of the child, to whom does the child turn to, to get emotional support etc are the questions that the courts ruling for Louisiana divorce custody cases consider. The parent with whom the child bonds best has higher chances of getting the custody of the child.
- The parent who can offer a stable known community to the child is preferred in Louisiana divorce custody cases. By “known community”, the courts refer to the teachers, schooling and friends of the child who have been part of his/her growing periods.
- Louisiana courts prefer joint custody to sole custody where the child gets the advantage of being raised by both the parents despite the divorce. But the courts ensure that the physical custody (the primary residence of the child), of the child is awarded to the parent who is more likely to adhere to the parenting plan and the formulated visitation schedule. That parent gets the child custody who encourages the child to have a healthy relationship with the other parent and does not alienate the child from that parent.
- The other parent gets the visitation rights and can visit the child on weekends and has legal rights over the decisions regarding health, religion, schooling etc of the child.
- Proximity of the parents in terms of geographical locations of the parents is considered by the courts, while deciding the practicality of a joint custody. If the parents stay nearby, joint custody indeed becomes a blessing for the child.
- In some Louisiana divorce custody cases, judges do not provide visitation rights to one parent if it is in the best interests of the child. If a parent is involved in child abuse, child neglect or is an alcoholic, or is addicted to drugs and thus, unfair to raise the child, courts may forfeit his/her visitation rights but may ask the parent to extend child support.
- Child support is the financial support given to the child (either by considering both the incomes of the parents or only of that parent who is financially stronger) till the child turns 18 years or has become emancipated as a result of joining the defense forces of USA. In such cases, child support gets terminated.
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