Louisiana Custody La For Parents
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FAQ
A written petition has to be filed in the court that does juvenile cases where the parents or you live. At least one of the parents has to sign the petition. You will sign an affidavit attached to the petition saying you are willing to take custody of the child.
For married couples, parenting rights are equal and immediate at the time of birth. For unmarried parents, all rights belong to the mother. Unmarried fathers have no legal rights to custody or visitation. Fighting for the right to see your child is possible with the help of a Louisiana lawyer.
Some factors that a court may use to determine a person's fitness as a parent include: A history of child abuse. ... A history of substance abuse. ... A history of domestic violence. ... The parent's ability to make age-appropriate decisions for a child. ... The parent's ability to communicate with a child. ... Psychiatric concerns.
The Court will consider the "capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs." Capacity is not limited to whether the parent can afford to buy these things. A parent may have the ability to purchase them, but not the disposition to do so.
Once the parents agree to the custody arrangement, they need to file a petition for custody. The petition can get filed in the parish where the child lives or where the parents got married. The petition includes the details of the agreement and asks the court to approve it.