Louisiana Family Law: Civil Code Article 134(1) and its Applicability to a Divorce Lawyer

There are many ways for a court to determine the best interests of the child when affixing custody to a particular parent in any given case.  In the state of Louisiana, a court and a divorce lawyer will oftentimes look to Louisiana Civil Code Article 134.  This article provides for 12 different factors that a court can consider when determining custody, which, in part, instructs a court to consider “the love, affection, and other emotional ties between each party and the child.”
Determining how much love each parent may have for their child can obviously be very difficult.  Many times, both parents (and their divorce lawyer) swear up and down that they love the child just as much, if not more, than the other parent.  In instances such as these, the court can look to evidence outside the representations of the parents.
For example, imagine a hypothetical situation where the father of a child travels on business quite often.  In fact, let us imagine that he is gone nearly 9 months out of the year.  This father very well may love his child very much.  Indeed, perhaps he feels proud that the money he makes traveling allows his children to buy the things they want for themselves, and to have a nice home life.  Unfortunately for this father, his divorce lawyer may inform him that a court may view the situation differently.  If the father is always away from home, the child or children likely have a closer bond with the mother.  This is only natural, because she would be the parent who the children see on a daily basis.  Even if the father tried his best to call home when he could, and always returned home from his trips with presents for his children, it would be tough to argue that he has as close of a relationship with his children as the mother does.
Sometimes, a parent does not need to be away on a business trip to not be as close to their child as the other parent is.  Many times in family environments, one parent is the more “active” parent; and by that we mean the parent who takes the child to sports practice, or the mall to go shopping, or the parent who helps the children with their homework.  Some parents simply are not as active as others.  If a divorce lawyer presents to a court that one parent clearly is putting in the time and effort to love and give affection to the child, the court very well may give them preferential treatment under Article 134(1).
Oftentimes the case is not very clear, and in these situations emotions can run high in and out of the courtroom.  The fact is, many parents like to think that they love their children equally.  Perhaps one parent takes the child to soccer practice, but the other parent helps with the child’s homework.  In our first example, let us say that the father only travels for 3 months out of the year, but that he spends extra time with his children whenever he is back home.  In these situations, a court may hesitate to try and determine which parent loves the child “more.”  It is an easier proposition to look to the other 11 factors under Article 134.  That said, there still remain many situations where a divorce lawyer can apply section (1) of the Louisiana Civil Code.
Will Beaumont is an attorney in New Orleans. This article is informational, not legal advice.