Home » Family Law » How Is Child Custody Determined?

Can You Agree To A Parenting Plan?

When it comes to child custody, the main factor court always considers is the best interest of the child. However, in Louisiana, parents are encouraged to discuss and submit a parenting plan. This allows parents to set their own rules and schedule for the children, as long as court approves of the plan. If you are willing to negotiate with each other, a parenting plan can resolve this especially contentious part of a divorce.

A parenting plan needs to include an agreement on where the child will live, a schedule for when each parent spends time with the child, plans for child support payments and other relevant factors. I can help you negotiate a plan that meets your child’s needs and fits your unique situation.

How Does Court Determine Custody?

If you are unable to reach an agreement, court will need to decide on custody rights. Louisiana court views joint custody as the preferable option because children benefit from having a relationship with both parents, though one parent may be awarded primary custody while the other has visitation rights. The specifics of your rights will depend on many factors such as:

  • Existing relationship with the child
  • Living conditions
  • Ability to care for the child
  • Physical and mental health
  • Willingness to co-parent

Sole custody is often awarded in circumstances of domestic violence or substance abuse.

Seek Advice From A Lawyer Today

Custody is one of the most important legal issues for any parent. As an attorney with over 20 years of experience in family law, I know how to negotiate in court for your rights to be with your children. For a free initial consultation, please contact me online or call 504-322-1261 or 877-900-2140.

I am located in New Orleans. I have helped parents with custody issues all across Louisiana.