Louisiana Divorce Lawyer Work: Child Custody

There are many ways that a Louisiana family court might come a decision about where a child is best suited for custody after his or her parent has a divorce lawyer end their marriage.  One main source of authority is article 134 under the Louisiana Civil Code.  Rather than just listing the words of that law, let’s turn to an example to illustrate its complexity.

Let’s say that Lucy is the child of Victor and Jen.  Victor and Jen have been married for almost fifteen years, but for the last five they have had their share of trouble.  Victor had worked at the local mill for the first ten years of their marriage, and then he was suddenly laid off because the job he had was shipped overseas to China, where it could be done more cheaply.  Jen worked as a secretary.  After meeting with his divorce lawyer, Victor moved out of the family home and lived separate and apart from Jen in an apartment in Baton Rouge.  Jen remained in the family home in New Orleans.

Lucy is ten years old.  She is in the fifth grade.  She was very upset when her father moved to Baton Rouge, but it is not that far away.  In fact, growing up, Lucy has visited Baton Rouge at least twice a month because Victor always had a lot of family there.  Actually, Jen’s family is also from Baton Rouge; and Lucy is accustomed to spending a lot of time there. 

While the divorce lawyer was working to end the marriage, and leading up to the custody battle Jen and Victor eventually had, Jen became very sick with a rare form of cancer.  It is easiest for her to stay in New Orleans, because she frequently goes to the doctor and the special hospital there.  Doctors tell her she has only a few years to live.

There are many factors at work in the above circumstance, and it is impossible to tell what a family court will do given all the evidence.  But based on our hypothetical, a divorce lawyer could argue that Victor has a better chance of being named the custodial parent. Obviously, Jen’s impending death is a huge factor.  But there could be a situation where Lucy was significantly older where a court might rule (given other circumstances as well, like social ties to New Orleans) that it is better for her to remain with Jen in New Orleans.

However, given that Lucy is relatively young, and so it is easier to a transfer to a nearby city where she has a large family, and because the capacity of Jen to give her love and affection over the course of her next 8 years of childhood has been seriously limited by her illness, a court may have compelling reasons to award custody to Victor.  A Louisiana family court will above all consider “the best interests of the child.”  Here, they could probably project that a move to Baton Rouge is inevitable for Lucy.  That is not to say she could not see her mother.  Jen would be able to secure visitation rights to Lucy.

Will Beaumont is a divorce lawyer in Metairie and New Orleans. This article is informational, not legal advice.