Louisiana Custody With Divorced Parents
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How to fill out Louisiana Joint Custody Agreement?
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FAQ
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.
Here are the steps for officially filing for custody in Louisiana: Filing a petition or motion for custody. Serving the petition to the opposing parties. Receiving an answer, opposition, or countermotion. Hearing or trial.
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.
Both Parents Support the Child In most cases, the "noncustodial parent" (parent who spends less than 50 percent of the time with the child) will pay child support to the other parent. The "custodial parent" is the parent who has primary custody of the child.
Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit. Most cases where a parent is deemed unfit, Child Welfare Services has been involved and there may be a safety plan or an open active investigation against the parent.