Child Custody and Visitation as Viewed By a Louisiana Divorce Attorney

Here in Louisiana, the work of a divorce attorney encompasses a wide range of legal issues, from spousal support to community property.  One of the most common areas of family law however is that of child custody and child visitation rights.  Obviously, after a breakup arrangements need to be made regarding the living situation of any children.  Hopefully, the parents can agree themselves.  If they cannot, then they will most likely enlist the help of a divorce attorney and a court.
In Louisiana there are generally two types of custodial possibilities for children.  By “custody” what a divorce attorney typically means is that one or both parents will have a legally binding right and duty to care for, support, and house the child or children.  There is joint custody, where the parents share equally in parenting the child, and sole custody, where only one parent is considered the sole legal guardian. (There is also ‘split custody’ but this is just a hybrid of the above two.)
Just because one parent is named the sole custodial parent does not mean that the other parent will never be able to see their child again.  Louisiana courts take visitation rights very seriously, and there must be very dramatic circumstances for a parent to not be allowed to ever see their child.  Examples of these dramatic circumstances might be the incarceration of the parent, or extensive evidence that the parent seeking visitation rights has a history of abusing the child.
As previously noted the custodial arrangement for children may be agreed to by the parents or, in the alternative, ordered by the courts.  That said, once a court has given its decree on what the custodial arrangement shall be, it is not set in stone.  It is in fact possible for a divorce attorney or one of the parents to subsequently petition the court to have it changed.  However, Louisiana courts are often reluctant to change custody for whimsical or petty reasons; that is to say, if a parent wants custody to be changed, there must be a change in circumstances in the eyes of the court to award custody differently.
One reason that the courts are reluctant to change custody after it has been ordered is because, as in all custody determinations, the court is considering “the best interests of the child.”  Many times the best interests of the child are served by ensuring that they have a stable and consistent home life.  If the courts were willing to constantly and continually update or change the custodial arrangement, this would not contribute positively to the growth and development of the child.  Imagine you are the child.  Would it be better if you were always changing households between your mother and father, subject to their endless bickering over insignificant issues, or rather you remained rooted in one home over time (assuming there is no abuse or other serious problems with the custodial home)?  Most people would agree the latter situation is ideal.  Generally, so, too, does the law in Louisiana.
Divorce attorney Will Beaumont’s law office is in New Orleans and Metairie, LA.  This article is not legal advice; it is simply very general information on the law.  If you are in need of legal assistance, please see a lawyer.