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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.
Sole Custody There will be no need to consult the other parent when making decisions. It is worth noting that sole custody is only granted if both parties agree to it or if it is evident that this is the best decision for the child.
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.
The court may grant sole custody if they determine by clear and convincing evidence that joint custody is not in the child's best interests. Only if an award of custody to a parent would be detrimental to the child may the court consider awarding custody to a non-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.