Child custody and visitation are the most emotional and vital parts of family law cases. Regardless if the parents are divorcing, separating, or were never married at all, Louisiana courts focus on one important question: What is in the best interest of the child? Determining custody is not about rewarding or punishing parents. It is about creating the most stable and healthy environment where the children can thrive.
In Louisiana, custody falls into two main categories:
Grants the parent the right to make major decisions about the child’s education, healthcare, religion, and overall welfare.
Determines where the child lives and how parenting time is shared.
In Louisiana, the courts favor joint custody whenever possible. The term “joint custody” does not always mean a 50/50 split of time, but it means that both parents share in decision-making unless the court determines that sole custody is in the child’s best interest.
When one parent is not the domiciliary parent (the parent with whom the child primarily resides), the other parent is entitled to visitation unless the child’s safety is a concern.
Article 134 of the Louisiana Civil Code determines the parameters of what serves the child’s best interests. The court considers all relevant factors, including but not limited to:
• Emotional Ties – the love and emotional bonds between each parent and the child.
• Capacity to Provide – each parent’s ability to provide food, clothing, medical care, and material needs, as well as love, guidance, and continued education.
• Stability and Continuity – the length of time the child has resided in a stable environment and the desire to maintain continuity.
• Permanence of the Home – the stability of each proposed custodial home.
• Moral Fitness – Each parent’s moral fitness as it pertains to the child’s well-being.
• Mental and Physical Health – the mental and physical health of each parent.
• School and Community History – the strength of the child’s existing ties to school, home, and community.
• Child’s Preference – the court may consider the preference of the child if the child is of a sufficient age and maturity.
• Willingness to Encourage a Relationship – each parent’s willingness and ability to foster a close and ongoing relationship between the child and the other parent.
• History of Violence of Substance Abuse – any history of domestic violence, abuse, or substance abuse is given serious weight.
• Responsibility for Care – a proven history of caregiving to determine who has been primarily responsible for the child’s care.
It’s important to realize that no single factor controls the outcome of custody. Judges have a wide range of discretion when weighing these factors. Each is determined by the facts of the individual case.
Visitation, which is also referred to as “parenting time” is usually established in one of three ways.
If the parents can agree on a custody and visitation schedule, and the agreement is in the child’s best interest, the court will typically approve it and make it a binding court order.
When the parents cannot agree, a judge will establish a custody and visitation schedule according to the best-interest standard.
The court may order:
• Alternating weekends
• Holiday rotations
• Extended summer visitation
• Weekday visitation
• Virtual visitation (in some cases)
If there are concerns about abuse, neglect, substance abuse, or the child’s safety, the court may decide on supervised visitation. Supervision may be conducted:
• By a neutral third party
• Through a professional supervision service
• At a designated facility
In cases involving serious risk to the child, visitation may be restricted or denied altogether.