Divorce Lawyer Case Review - When Non-Parents Are Awarded Custody

It is important for a lawyer to strive to educate others on the law, not just to be your divorce lawyer, for instance. For this article, we attempt to explain the standard for removing a child from their parents by using Louisiana case law.

In Wilson v. Paul, the Louisiana Court of Appeal for the Third Circuit addresses the issue of whether non-parents should be awarded child custody over the parents of the child. In Louisiana, the burden of proof is on the non-parent and their divorce lawyer to show that granting custody to the parent would be detrimental to the child, and that the best interest of the child requires an award of custody to the nonparent.

In the case we seek to address herein, the father and stepmother of the mother of the child sought sole custody. They asserted that the boy’s parents were drug addicts, were in a violent relationship, associated with disreputable people, and were otherwise unfit to care for their minor child. The record revealed that Corrie and Andrew were married in 2000 to 2006. Davis is their only child. After the marriage ended, Corrie moved in with a previous boyfriend who was physically abusive to her, had a criminal record, and drank excessively. Later, Corrie moved in with another boyfriend who had a criminal past.

At the hearing, a divorce attorney did not refute the evidence that Davis missed 16 days of school by February of the current school year. The Wilsons, Corrie’s parent and stepparent, were genuinely concerned of the welfare of their grandson. After reviewing the evidence, the trial court determined that the Wilson’s met their burden.

It is up to a divorce lawyer, another lawyer or the parties to prove their case with evidence. The Court found that Davis in the custody of Corrie would result in substantial harm given evidence of stomach aches and missed school days. Thus, the Court of Appeal affirmed the trial court’s ruling awarding custody to the Wilson’s. The Court found that the Wilson’s met their heavy burden and proved compelling reasons why Davis’s parents should not be awarded custody.

After reviewing this case, we learn that if a parent seeks custody of a child, the divorce attorney had better show the court that it is in the best interest of the child. If a parent’s life is in shambles, it’s probably not wise to seek child custody until the parent rehabilitates himself/herself from his/her own problems. If the transgressed parent still seeks custody of the child, an interested non-party, such as a grandparent could step in assert a claim for child custody. While the non-parent bears the burden of proving that a parent should not be awarded custody, such an award must be made if it is in the best interest of the child.

The above is simply information on the law, not legal advice. Will Beaumont is an attorney in New Orleans, La.