Louisiana Custody With Unmarried Parents
Description
How to fill out Louisiana Joint Custody Agreement?
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FAQ
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.
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.
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.
It is extremely rare for courts to award sole legal and sole physical custody to one parent unless the judge finds that one parent is unfit. If the court awards one parent sole physical and sole legal custody, the noncustodial parent will not have a right to have an opinion on how the custodial parent raises the child.