Child Custody Factors
Louisiana courts consider the following factors in determining custody arrangements:[1]
- The potential for the child to be abused, as defined by Children’s Code Article 603;
- The love, affection, and other emotional ties between each party and the child;
- The capacity and disposition of each party to give the child love, affection, and spiritual guidance;
- The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs;
- The length of time the child has lived in a stable, adequate environment;
- The permanence, as a family unit, of the existing or proposed custodial home or homes;
- The moral fitness of each party, insofar as it affects the welfare of the child;
- The history of substance abuse, violence, or criminal activity of any party;
- The mental and physical health of each party;
- The home, school, and community history of the child;
- The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference;
- The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party;
- The distance between the respective residences of the parties;
- The responsibility for the care and rearing of the child previously exercised by each party.
How to File for Custody in Louisiana
If parents are divorcing, they can indicate in the petition for divorce that there are children involved. If, however, parents are unmarried, then the following steps apply.
1. Agree on a Parenting Plan
Parents may work out the terms of an agreement on their own and present these terms to the court.[2] If parents have an amicable relationship, this is the recommended plan of action. If the court deems the agreement in the best interest of the child, it will be approved at the hearing.
2. Calculate Child Support
In Louisiana, child support is determined by combining the adjusted monthly income of both parents and considering the number of children. The Louisiana Child Support Guideline Schedule of Basic Child Support Obligations may be used to estimate the amount that will be ordered by the court.
3. File Petition
The next step is to file a form called Petition to Establish Custody in the family court in the relevant district. Leave the section related to case information blank. The form will ask for the filer’s desired custody arrangement and a thorough explanation of why this is in the child’s best interest.
The petition must be signed in the presence of a notary public, then filed with the clerk of court. The filing fee is $50.[3] Filing the petition will prompt the clerk of court to schedule a hearing date.
4. Serve Petition
The parent that filed the petition has an obligation to ensure the other parent receives a copy. Papers must be served in accordance with state law,[4] either by certified mail or by commercial courier.
5. Attend Court Hearing
Whether parents agree on the terms of a parenting plan, attending the scheduled court hearing is mandatory for both parties. If parents do not agree on the terms and conditions of their arrangement, a judge will make determinations by considering a range of factors.
Judges in Louisiana have the authority to order mediation for a period not exceeding 30 days, parenting education, or evaluations of either party by a mental health professional. The order handed down by the judge is binding.
Custody Laws
- Child’s Preference: The court considers the “reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference”[5]
- Domestic Abuse: Art. 134(B)
- Uniform Child Custody Jurisdiction and Enforcement Act: Art. 310
- Visitation of Relatives: Art. 136
- Visitation: Art. 136.1
Related Forms
