This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
Louisiana USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
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Word;
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FAQ
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.
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.
In most cases, Louisiana courts prefer to grant joint custody to both co-parents. This type of custody designates both co-parents as a custodial parent of the child.
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.
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.
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.
The court will determine an arrangement based on the best interests of the child. The court will generally make a joint custody determination. 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.
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.
