Skillful Help With Child Custody And Visitation
How are issues of child custody and visitation decided in Louisiana? What is the difference between sole and joint custody? How long does it take to resolve a case? What if you were never married? These initial questions are common at the end of a relationship.
Discuss your custody and visitation case with our Tangipahoa Parish child custody attorneys by calling 800-725-6413.
More Than A Decade Of Experience
Attorney Brett K. Duncan has helped parents resolve child custody issues and visitation rights for more than a decade throughout the Hammond area, including Tangipahoa Parish and Livingston Parish.
Child custody is often an issue when parents end a marriage. If you are not married to the mother or father of your child, however, you can file for legal custody of your child at any time.
We will help you understand the finer distinctions between terms you probably hear in casual conversation, terms like joint custody and sole custody. We will also help you see your decisions in light of the “best interests of the child” test, which guides judges in all child custody decisions. We can also help you understand how child support and custody are connected.
It is important to get a custody order correct the first time. While it is possible to modify child custody, there must be a material change in circumstances.
Unmarried Parents’ Custody Rights
To obtain child custody when unmarried, you need to establish paternity. A father can do this through an acknowledgement of paternity or a court proceeding. A court case may also address child support issues.
For unmarried parents, failing to obtain a custody order after a breakup can be a mistake. A custody order sets the rules of the road for the future.
Frequently Asked Questions About Child Custody And Visitation
Families in Louisiana often have urgent questions about how local courts handle child custody and visitation. Below are answers to some common custody and visitation questions under law.
Am I able to get sole custody? Under what circumstances is it granted?
Yes, you may be able to get sole custody in Louisiana, but it is generally granted only when joint custody would not be in the child’s best interests. Louisiana courts usually favor arrangements that keep both parents involved. Sole custody is more likely where there is evidence of domestic abuse, substance abuse, neglect, abandonment or serious instability. The court will review all relevant facts under the best-interests-of-the-child standard before deciding whether sole custody is appropriate.
Under what circumstances can you modify a custody or visitation order?
A custody or visitation order can be modified when there has been a material change in circumstances and the requested change is in the child’s best interests. Louisiana courts do not modify orders simply because one parent is unhappy with the arrangement. Examples may include relocation, major work schedule changes, safety concerns, school-related needs or repeated violations of the existing order. The court must be convinced that the proposed change better supports the child’s welfare and stability.
What can I do if the other parent is not following the existing custody or visitation order?
If the other parent is not following the custody or visitation order, you can ask the court to enforce it. Start by documenting each violation, including missed exchanges, denied parenting time and related communications. In Tangipahoa Parish, a parent may file a motion to enforce the order or seek contempt proceedings. The court may award make-up visitation, impose fines or take additional steps that could affect future custody decisions if the violations continue.
Does a child’s preference matter in Louisiana custody decisions?
Yes, a child’s preference may matter in Louisiana custody decisions, but it is not the deciding factor. The judge may consider the child’s wishes as one part of the best-interests analysis. State courts often look at the child’s age, maturity and reasoning before giving weight to their preference. Even where a child has a clear preference, the final decision will still focus on the child’s welfare and long-term stability. We can help you protect your parental rights as well your child’s future.
Have Child Custody Questions? Contact Brett K. Duncan & Co. Today.
Contact us by calling 800-725-6413 or completing our online form to speak with one of our experienced child custody lawyers. We assist people in Tangipahoa Parish and Livingston Parish, as well as in Hammond and the surrounding areas.