Louisiana Child Custody Issues: Sometimes a Circus

Let's say that Samantha and Bo have been married for twenty years. They first met each other at a swap meet in Minnesota. They hit it off very well because both of them worked in the circus business. Samantha was a clown who traveled with the circus all over the United States, and sometimes internationally. Over the course of Samantha's employment, she normally worked six months on, six months off. What that basically means is that half of the year she would travel with the circus, and the other half she stayed at her home in Shreveport, Louisiana.

Bo does not work in the circus, but rather works on the managerial side of things. He is stationed in the circus' regional office in Shreveport. From this office, Bo organizes events for the circus to attend, schedules appearances for some of the more famous members of the circus, and also does much of the circus' marketing work.

Samantha and Bo had two children in the tenth and eleventh year of their marriage. One is named Tom and the other is named Craig. They have grown up thus far in the family home in Shreveport. They attend public school there, and have a good deal of friends. Also, Samantha and Bo both have their families in Shreveport.

Now let's say that in year twenty of the marriage, Samantha and Bo decide to get divorced. No one is "at fault" (by that we mean that neither party committed adultery, nor performed some other act which may make them technically "at fault" under Louisiana law.) Samantha and Bo just pretty much decide that they no longer have any love for one another. While the division of their community property and assets accumulated throughout the marriage was relatively easy, the child custody arrangement has been one that Samantha and Bo have fought relentlessly over.

Samantha thinks that she should be named the custodial parent of Tom and Craig. One of the main reasons that she feels this way is because of the family's overall involvement in the circus. Samantha and Bo both work for the circus obviously, but it is also something of a family tradition. Both of Samantha's parents worked for the circus; and also Bo's adoptive father worked for the circus as well. Furthermore, Tom and Craig have both expressed a great deal of interest in the circus. Even though they are only ten and eleven years old respectively, both Tom and Craig are expressing interest in one day working for the circus just like their parents do.

Tom feels very differently than Samantha. He thinks that it would not be a good idea for Samantha to be the custodial parent, because she travels so much. In fact, for the next three years, Samantha is scheduled to travel even more frequently than she has in the past: approximately 8 months out of the year.

It is impossible to say for certain how a Louisiana court will rule in a hypothetical like the one above. That said, there are a few things that a court will probably consider. For one thing, Samantha's frequent travel schedule would likely make her less of an appealing custodial parent in the eyes of a court. Courts will often look for children to have stability and strong family networks. In this example, the children have thus far grown up in Shreveport, their family house is there, their father is there permanently, and they also have extended friends and family there.

This article is written to be general information only; it should not be taken as formal legal advice. Will Beaumont. New Orleans.