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How is child custody determined in Louisiana?

Like all states, the Louisiana child custody laws primarily focus on what is in the "best interests of the child." If both parents can reach an agreement regarding who will have primary physical custody, the court will likely approve their proposed arrangement as long as it serves the child's best interests.

What makes a mother unfit in Louisiana?

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.

What are my rights as a father in Louisiana?

When children are born, they naturally form an automatic, strong, and loving bond with their parents. When it comes to parental rights, a Louisiana father's right to custody and visitation is equal to that of a child's mother, whether the father is aware of these rights or not.

Is there a difference between shared and joint custody?

When people say “shared custody” they're usually talking about joint physical custody. In a joint physical custody arrangement, both parents get to spend time with the child. In a lot of cases, the child will mostly live with one parent (the “custodial parent”) while the other parent has visitation rights.

How does the judge decide who gets custody?

Judges must decide custody based on “the best interests of the child." The “best interests of the child” law requires courts to focus on the child's needs and not the parent's needs. The law requires courts to give custody to the parent who can meet the child's needs best .

Do fathers have equal rights?

An unmarried father has few parental rights until the State considers the father to be the child's “legal” father. Deny paternity if the child's mother wrongfully accuses you of fathering the child. ...

Does a single mother automatically have full custody?

An unmarried mother automatically has full custody of the child from the child's first day of life. However, a married mother has the exact same rights as her husband at the time of the child's birth. The result of this is that both the father and mother have equal rights to custody of the child during their marriage.

Who has more rights over a child when married?

IF THE PARENTS OF THE CHILD ARE MARRIED, and there is no court order for custody of the child, then each parent has equal rights to custody of the child. Basically, whoever has the child can keep the child.

Who has custody in a marriage?

When a couple is married, both parents are considered the custodial parent and legal guardian at all times, until a Court says otherwise.

When parents separate who has custody?

Most states provide that custody of children ages five or under be awarded to the biological mother when the parents separate or divorce. In some states this is commonly known as the “tender years” doctrine.

Does a father automatically have joint custody?

Single fathers are generally not granted primary physical custody of children when the mother is deemed a good parent. By securing his parental rights, however, the father may then be able to set up a legally binding shared custody arrangement or visitation schedule.

Will being married help my custody case?

Unless he is an ax murderer or been convicted of sex based crimes, marriage should not have much effect on your case which is not about custody, but is about allocation of parenting time and parenting responsibilities.