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In the absence of an agreement between the parents, joint custody is mandated in Louisiana. Only by showing with clear and convincing evidence that joint custody is not in the child's best interest will a court award custody to one parent over the other.
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 parent can be declared unfit by a family court if their conduct is analyzed and found to be a potential cause of danger to a child's wellbeing and health. This can be either emotional or physical harm. The unfit parent cannot provide the needed conditions for the child's optimum care and welfare.
(c) As of the time the petition is filed, the parent has failed to maintain significant contact with the child by visiting him or communicating with him for any period of six consecutive months.
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.
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 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.
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.