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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.
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.
There is no age in Louisiana at which a child has the right to decide with whom he/she wants to live. Unlike other states, there is not even a presumption that at any age that a child can make that decision. A child's preference is a consideration only, it is only one factor.
A father may receive sole custody in cases where the mother is unfit or unable to provide a safe and caring home for the child. Both parents are evaluated equally in the courts to determine a custody situation that will be best for the child's physical and mental wellbeing.
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.
At a custody trial, the Court will hear evidence on the issue of what is in the best interest of the child and ultimately make a custody determination. At the hearing, the court will consider a variety of factors, such as the child's age, health, and relationship with each parent.
When you represent yourself, you are referred to as a "self-represented litigant" or "pro-se litigant." Even if you don't have a lawyer, judges and court employees are not allowed to provide you with legal advice and may not be able to speak with you at all about your case outside of the courtroom.
Neglect of the child's welfare highly indicates that the mother may not have the capacity to raise the child in the best manner. Failure or inconsistency in providing basic needs and necessities like food, shelter, clothing, education, and healthcare are substantial grounds for losing custody.