Divorce - Preparation for Child Custody Battle

A divorce attorney often goes through child custody battles. In Louisiana, the Civil Code dictates the requirements and factors that go into determining child custody. Often times, parents wonder whether they can seek to prevent the other parent from obtaining custody. There are, of course, many factors on which a custody judgment is based. However, a trial court need not use all the factors listed in the Civil Code. By the same token, the trial court is not limited to those factors.

The hearing that takes place is adversarial; meaning two parties argue for different results. If there are aggravating circumstances surrounding one party’s ability to raise the child, then the opposing divorce attorney should make the court aware of such circumstances. For example, if Sarah is an active heroin addict, then Big Sam should make the court aware of such transgression. The trial court will make a custody determination based on the child’s best interest. So for instance, it is clearly not in the best interest of the child for the child to be in Sarah’s custody since she is an active heroin addict. However, if Sarah has a good divorce attorney, she may be able to mitigate such transgression. Nonetheless, Sarah’s attendance in substance abuse treatment and some form of a recovery program most likely will be necessary in order for her to stand a chance to have child custody. But the point is that Sarah’s active heroin addiction is an aggravating factor.

Now let’s look at the opposite situation. Obviously if a party is doing great, likewise the divorce attorney should present such to the court. For example, if Sarah has a stable job, a house, brings her children to church, and helps them with their homework, this will most likely inure to her benefit in attaining child custody. There are some things so vile and horrendous that it will permanently prevent a parent from being awarded child custody. For the most part, this is the case. This means that both parents recognize that the other is a good parent. The issue that comes up frequently is how exactly what times each will have the child. Often times, after the marriage ends, parties must move making it difficult to exercise a complete sharing of custody.

Obviously, the enactment of child custody provisions is intended to protect the children. Realistically, some of the more extreme provisions are hardly ever invoked considering that the class of people intended to be prohibited visitation are incarcerated for the defined criminal offense.

Recapping the article, we hope you and your divorce attorney are prepared for your child custody hearing. You should make a list of all the good factors you possess, while pointing out the transgressions of your former spouse. At the end of the day, it is what is in the best interest of the child that matters. Therefore, you should be prepared to live accordingly and provide for your child.

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