Louisiana Custody Law For Unmarried Couples
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FAQ
One of the biggest mistakes in a custody battle under Louisiana custody law for unmarried couples is failing to communicate effectively with your co-parent. This often leads to misunderstandings and escalates conflict. Instead, prioritize open dialogue to convey your intentions and concerns clearly. Establishing a cooperative relationship shows the court that you are willing to work for the child's best interest.
As a rule in most states, if the parents are not married, the mother is automatically given primary custody rights over the children. This means she has complete authority to make any major and minor decisions regarding her child's welfare.
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.
Ing to the Louisiana Child Custody Jurisdiction and Enforcement Act (RS 01), any biological parent has the right to seek visitation rights or child custody. Their rights do not hinge on whether they are married to the child's other parent, or even whether they were married when the child was born.
If one partner is not a legal parent of the child, that partner may not have any parental rights. Ideally, if an unmarried partner wants to remain in the child's life, both parties will create an agreement that outlines parenting time and other rights and responsibilities for the unrelated parent.
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.