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At the hearing, the court will consider a variety of factors, such as the child's age, health, and relationship with each parent. The court may also consider each parent's ability to provide for the child's physical, emotional, and educational needs, as well as any history of domestic violence or substance abuse.
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.
Louisiana child custody laws recognize joint custody as an option for separated parents, as well as grandparents' visitation rights, and courts will generally consider a child's own wishes before issuing custody orders. This is a quick summary of child custody laws 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.
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.