Child Custody

Types of Child Custody in Louisiana

Parents often reach agreements regarding child custody. If they cannot, the court will do so, sometimes with the assistance of a custody evaluation. In all cases, when determining a child custody arrangement, the judge must decide what is in the best interest of the child, which is paramount.

The following are some of the factors considered in determining the best interest of the child:

• Relationship between the child and parents

• Child’s wishes if they are of sufficient age

• Which parent has taken care of the child more

• Parent’s capacity and willingness to provide the child with food, clothing, medical care and other material needs

• Parents’ willingness and ability to facilitate and encourage a close and continuing relationship between the child and other parent

• Parents’ mental and physical health

• Parents’ moral fitness insofar as it affects the child’s welfare

Louisiana law favors joint legal custody and, to the extent feasible, an equal sharing of physical custody. When joint legal custody is awarded, one parent is designated the domiciliary parent. The domiciliary parent is the parent with whom the child primarily resides, and is ultimately responsible for making all major decisions affecting the child. Such decisions include, but are not limited to, choice of school, elective medical procedures, religion, and at what age the child can drive. However, the domiciliary parent is required to first discuss the major decision with the other parent.