Divorce Louisiana Custody

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Factors considered by court in Divorce Louisiana Custody

The court thinks that the below mentioned factors are relevant to protect the best interests of the child. They are mentioned in Louisiana Civil Code: Articles 132 and 134.

• In the past, how has each party exercised the responsibility of care and rearing of the child?
• By how much distance are the respective residences of the parties separated?
• The capacity and readiness of each parent to foster a close and continuing relationship between the other parent and the child
• If the court finds that the child is of adequate age to form and reveal a preference regarding custody, then such reasonable preference of the child
• The community, school and residence history of the child
• The physical and mental health of both the parents
• The moral fitness of the father and the mother to an extent that it impacts the welfare of the child
• Whether the existing or proposed custodian residence or residences have permanence as a family unit?
• The duration for which the child has resided in an adequate and stable ambience, and the desire of the child to continue in that ambience
• The ability and tendency of each parent to continue the rearing and education of the child and offer spiritual guidance, love and affection to the child
• The affection, love and other emotional attachments between the child and the parents

Let us assume that one parent is trying to relocate along with the child. Such a parent must give notice to the other parent. Further, this parent must obtain a written consent from the other parent or court approval after a contradictory hearing.

The above procedures must be executed in both sole and joint custody. If these requirements are not observed, they might lead to grave consequences. If the court finds that there is a history of family violence, the court treats the case as an exception.

Checklist regarding Child Custody

When a parent prepares himself/herself for a custody conflict, there are several issues to think about. Some of these have been listed below.

• The parent should speculate that if he/she gets angry in the dispute, whether it would be of undue help to the other parent?
• In order to hire a proper evaluator, one should take recommendations from friends, lawyers etc
• A decision must be taken whether one desires to relocate, sooner or later
• If the other parent wishes to relocate, what outlook should I have?
• If any disability or sickness comes into the picture, how would it impact the case?
• How to regulate the legal expenses?
• One should avoid any surprises being presented in the court. For this, it is essential to make a roster of the significant issues that have not been revealed to the lawyer. For example, fights, affairs, bankruptcy, arrests etc
• Is the child being bribed by someone? If yes, how to counteract this bribe?

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