Divorce Attorney: An Example of Louisiana Custody Laws at Work

Louisiana family law generally provides solutions to the problems of Louisiana families.  One such example is in child custody situations.  Louisiana courts use a few different systems of analysis in coming to this very judgment.  If the parents perhaps with the assistance of a divorce attorney or other legal counsel cannot come to a resolution outside the courtroom, a judge will come to a resolution inside of one.  In coming to their conclusion, one huge source of authority for the courts is found in Louisiana Civil Code article 134.  This article has a dozen different factors for a court to look to in awarding custody.  All determinations are done with the best interests of the child in mind.

Let’s say we have two parents: Willy and Barb.  They have been married for twenty three years, but Barb hired a divorce attorney to end legally their marriage.  They have two children: Roger and Kat.  Roger is fifteen years old and Kat is thirteen years old. 

Willy and Barb have the exact same job and get paid the exact same amount.  After consulting with a divorce attorney, Willy moved across town to another house.  Roger went with him, because he was always very close with his father.  They share many of the same interests.  Kat remained with her mother Barb, who she is very close to.  For whatever reason, Roger and his sister Kat do not have a very good relationship.    Both children very much like their living situation with each of their parents.  Roger just got a car, and he is looking forward to earning his driver’s license.  Kat’s two best friends live next door to her mother’s house, and they are thinking of starting a band together.

It is practically a fool’s errand to try and predict what a family court will do in a given situation, but in our above example there are few factors at work which may be able to allow us a few tentative conclusions.  For one thing, a court might be influenced by a divorce attorney pointing out what the child wants when awarding custody, so long as the child is old enough to explain to the court his or her interests.  Here, it seems pretty clear that Roger likes living with his father and Kat likes living with her mother.  Both have good reasons for their preference: Kat has friends in her neighborhood, and she shares many of her mother’s interests, and similarly Roger shares many of his father’s interests.  Also, even though Willy has “moved across town,” it appears that Roger will soon be able to drive himself around.  This would ease any potential burden vis a vis school or extracurricular activities that he may have lost were this not the case. 

Also, while a family court might normally want ideally to keep the children together so as to preserve a semblance of a family unit, in this case Roger and Kat have a strained relationship, and so that consideration is less important. Given the circumstances, it is entirely possible that a Louisiana family court would award Willy custody of Roger and Barb custody of Kat.

Will Beaumont is a divorce attorney in New Orleans. The above is simply general information on Louisiana law, not legal advice.