This article deals with the laws in the State of Louisiana with respect to child custody. In Louisiana, there are a few different ways that a court can determine what is in the best interests of the child.
Not surprisingly the states in our United States have developed formulas, regulations, and laws that help determine how to place children in the event that their parents end their marriage. This article is purely for general informational purposes, and it is advisable to consult with a divorce lawyer if there is an issue regarding child custody or other family law matters.
The "best interests of the child" is a phrase taken directly from the Louisiana Civil Code. This code explains that all considerations and all motivations in making a child custody determination should be made in the best interest of the child. Luckily for divorce lawyer practitioners, parents and judges alike, the code has also established a rubric by which general conclusions may be made about what Louisiana says may be considered in determining the best interests of the child.
Article one hundred and thirty four (Article 134) is the Louisiana Civil Code article which deals directly and fundamentally with this analysis. More specifically Article 134 has twelve different criteria by a divorce lawyer, parent, and or court may come to a conclusion about what is in the best interest of the child. These criteria are so important that they may be argued without having to cite further laws.
It may be best to illustrate these factors by way of example. For example, Greg is the sixteen year old son of the divorced parents Patty and Mark. Greg was born and raised in New Orleans, Louisiana. He entered the public school system there at the age of six and nearly ten years later he has successfully built a strong network of school and community ties. Notwithstanding Greg's familiarity with his hometown, Patty has decided to move make to her native Metairie, Louisiana and she would like sole custody of the parties' minor child, Greg. This means that Greg must forego his final educational years in Alexandria, Louisiana to reside in New Orleans with his mother due to his father's desire and intent to remain in Alexandria.
This particular scenario may prompt a court to look at more than one criteria of law under Article 134. For example, criteria number nine of the above stated article, orders a court to consider the reasonable preference of a child. It is likely that Greg wishes to remain in Alexandria. Another fact pattern that this might suggest is relevant is the eighth factor which instructs that the home, school, and educational history of the child be considered. Similarly to factor number nine, the fact that Greg has lived in Alexandria, Louisiana for such a long period of time, presumably would weigh heavily in a court's ruling of custody. Also, criteria number four may also be relevant to a divorce lawyer for this analysis. This factor provides for the length of time that the child has lived in a stable environment.
The above is provided as general information on the law -- this is not legal advice. Please consult with an attorney or divorce lawyer for any legal questions. William H. Beaumont. New Orleans and Metairie, Louisiana.
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