The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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In a sole custody arrangement, one parent receives primary custody of the child. This parent would have the sole legal custody of the child.
Louisiana courts don't have a specific age when they must consider a child's preference. Each judge must determine, on a case-by-case basis, whether a child is mature enough to have a meaningful opinion.
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.
What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
All non-custodial parents are entitled to access and visitation with their minor children, UNLESS THERE IS AN ALLEGATION OF ABUSE.
You will need to file a motion with the court that issued the original order. Other requirements depend on your existing type of custody order. The court will need you to show a "material change in circumstances." You will need to provide evidence to support your claim of changed circumstances.
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.
