Every child custody case is different, and some are more complicated than others. After experiencing the emotional turmoil of a divorce, it can be helpful to have an attorney on your side to offer guidance and support in helping you move forward. A Lafayette child custody lawyer can assist you in your case.
Being a parent during a marriage requires some teamwork. When parents live separately, this element of teamwork does not have to disappear. If you are separated from your child’s other parent and you feel as though you are either raising your child alone, that the other parent is not respecting your parental authority, or you feel that the other parent is acting in any manner that is to the detriment of your child, then you need to have a consultation with a Louisiana family law attorney as soon as possible.
As a parent, you want nothing but the best for your children. Unfortunately, there are instances in which your child’s other parent may be failing to serve the child’s best interest. These instances can include disagreements over medical decisions, education, extracurricular activities, or situations in which the child is being placed in danger. When the needs of your child are not being met, it may be necessary for you to seek legal action and obtain custody. If you find yourself in this situation, it is important that you retain an experienced Lafayette Child Custody Lawyer to assist you. Our Lafayette child custody law firm has quality experience in this area, and Attorney Josh Guillory and his staff stand up for Louisiana families. Do not hesitate in contacting our office today to schedule an initial consultation.
Louisiana essentially has three types of child custody: joint custody, sole custody, and shared custody. Our laws favor joint custody, but there are certain cases that warrant sole custody. It is important to discuss with a family law attorney the differences between the types of custody recognized under Louisiana law, the difference between physical custody and legal custody, and which approach during your child custody case is best for you, your children, and your family.
Legal custody relates to the authority, or right, to plan your child’s future and handle their education, medical care, and overall well-being. Legal custody can be granted to both parents, or it may only be granted to one. Joint custody is more common, with sole custody being granted in specific circumstances.
Physical custody is defined as the time allotted to parents to be with their children. The time divided between the two is not always split equally, but in the case of joint custody, both parents have these rights. For example, children could spend one week with one parent and the next week with the other. Parents may have visitation rights if it is shown to be in the child’s best interest.
Remember, a Court’s ruling on child custody is huge! A ruling on custody will likely impact issues such as child and spousal support, visitation, and more. The first step in an initial child custody case is to file a petition asking the court to establish custody. This initial request can be made in a petition for divorce, petition to establish custody, or in any other procedural device related to a child custody case. The other parent may file a responsive pleading, such as an Answer, Reconventional Demand, or Exception. Each side will have an opportunity to use a process known as “discovery” to obtain information from the other. Depending on the judicial district, your case may first go before a Hearing Officer. In the 15th Judicial District Court, for example, your child custody case will first be heard at a Hearing Officer Conference. If your case is resolved by agreement/settlement or at the Hearing Officer Conference, then your child custody case will be resolved. If a party objects to the Hearing Officer’s Recommendations or your case is in a jurisdiction that does utilize the Hearing Officer process, your case will then conclude at a bench trial where the Judge will hear the evidence and make a final ruling on all issues.
Litigating such matters requires an understanding of the rules of civil procedure as well as the rules of evidence. It is important that you retain a lawyer who is experienced in such matters. Louisiana Family Law Attorney Joshua S. Guillory understands the significance of family law cases involving parenting plans and custody. Our law firm offers experienced and sound legal advice, focused on your rights and the best interests of your child.
Being a parent is stressful enough. Child custody litigation does not help with this stress. No matter what the circumstances are in the custody dispute with the other parent of your child, it is vital to know your rights and options. Deciding where your child will reside and who will make important decisions for your child can be critical for your role as a parent. Do not go through this process alone. Learn more about how Attorney Josh Guillory can help you negotiate the Louisiana child custody laws by contacting us online or calling us at (337) 233-1303.
A: Yes, you can be awarded full custody in Louisiana. However, this is uncommon. For one parent to gain sole custody, the court may see that one parent is mentally unstable, uses harmful substances, is inconsistent, or may harm their child. Sole custody may also be awarded if there is heavy conflict between the parents.
A: Judges may look for several things in child custody cases in Louisiana. Everything factoring into the decision should relate to the best interest of the child. The primary consideration is whether or not the child has the potential to be harmed in some way. Other factors could include the stability of the home, whether material, medical, and financial needs will be provided, if one parent has used substances, and each parent’s mental state.
A: There is no specific age when a child can choose which parent to live with in Louisiana. Louisiana uses the best interest of the child in deciding who is granted custody or how it will be divided. The best interest of the child involves many factors, such as the child’s safety with each parent, the emotional connection between them, and the ability of the parents to provide for the child. When a child becomes an adult, custody orders no longer apply.
A: Louisiana is not specifically a 50/50 custody state. Rather, equally divided custody will be given to parents if it is in the child’s best interest. If the parents and the child have a healthy, stable relationship and a nurturing and safe environment, the judge could award both parents custody, allowing them each to make decisions for and spend time with their child.
In addition to handling family law matters, Attorney Joshua S. Guillory is prepared to help individuals with a wide range of legal matters, such as criminal defense, estate planning to include wills and trusts, business law, and personal injury. Do not hesitate to contact The Law Office of Joshua S. Guillory, LLC at (337) 233-1303 or click here to send a message to our firm.
The Law Office of Joshua S. Guillory in Lafayette, LA has helped many families through the intricacies of child custody in Louisiana. We look forward to working with you, too. Contact The Law Office of Joshua S. Guillory to discuss your case.