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The biggest mistake in a custody battle often involves failing to prioritize the child's best interests. Parents can become so focused on winning that they overlook the emotional needs of their child. This might include disparaging the other parent, which can impact the child's well-being. Keeping the child’s needs central to the discussion can lead to a more favorable custody agreement in Louisiana.
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.
While joint custody may be favored by the Louisiana court system, it does not mean, however, that both parents will exercise equal physical time with the children. In the majority of cases, one parent will be designated as the domiciliary parent, while the other will have specific or reasonable visitation rights.
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.
Shared and joint custody are typically more preferable than a sole custody arrangement. Louisiana recognizes that it's important for children to spend quality time with both of their parents. In fact, Louisiana law repeatedly refers to frequent and continuing contact with both parents.
In Louisiana, the judge gives parents equal time, i.e., shared custody, if it's in the best interests of the child and possible for the parents. (The exception is when parents agree not to have shared custody.) An equal time schedule for an older child could involve alternating weeks.