Louisiana child custody law (family law) emphasizes the financial aspect of a child custody case because the legal system does not want the child to bear any severe consequences. Yes, everything about the legal jargons may confuse you; leading you to take wrong decisions that will affect your chances of winning the custody battle.
Louisiana child custody laws (Louisiana Child Support Law) are comprehensive, and dictate the following:
- The best interests of the child will be the driving factor of the case.
- Both the parents are obligated to support the child financially. A specific formula is used to calculate the percentage of income that each parent has to give to the child.
- The child support amount will not depend in any way on the alimony payments.
- The custodial parent (the parent with whom the child will be living) will receive the child support money from the noncustodial parent (the parent who only has visitation rights).
Many other specifications are also mentioned in the law; however, that will be best explained by your family lawyer because the meaning slightly differs with every case.
Even the thought of losing the custody of your child is heartbreaking, which is why you must influence the decision with the help of certain factors. No matter what the reason for the divorce is, taking care of the following factors will help you win the custody of your child:
1. Relationship with the parent
The primary factor that matters is the relationship of the child with each parent. The child may be more comfortable with one parent as compared with the other. The relationship is also defined by the availability of the parent, i.e. if one parent is ignoring to see or take care of the child because of an insignificant reason, like a football game, party night or something else. Yes, the court asks the child’s preference first; however, the relationship of the parent with the child also plays a significant role.
2. What do you want?
Yes, your wishes will also matter, i.e., not every parent is willing to take custody of the child, which raises the question, “Do you want to take full custody of your child”? The court asks this question to each parent, and then if they have a positive response for the same, the court asks them to come into a legal and physical custody agreement. This will include the child support amount, custodial decisions (sole custody or joint custody), and visitation time etcetera. The agreement will be approved only if the purpose is resolved, i.e., if the agreement is in favor of the child’s best interests.
3. Can you cater to all the needs of your child alone?
Providing financial support isn’t enough, you must be physically present to take care of the child. Depending on the age of the child, his/her requirements and wishes, the court asks each parent to detail out their lives, i.e., explain their lifestyle and work obligations. Will they be able to cater to the developmental and psychological needs of the child? If yes, then how? Everyone has busy schedules throughout the week, especially a working mother. However, a child needs an ample amount of time and support from his/her parents. The court will look into the details to see if a single mother will be able to follow through the needs of her child or not.
4. Do you think you are mentally and physically fit to raise your child?
Raising a child is a challenging, frustrating and financially-exhausting task; however, it will be the most beautiful experience of your life. Knowing that you will be responsible for molding the future of someone is quite overwhelming and adventurous. The question that is often raised is, “Are you physically and mentally fit to raise your child”? Apart from being financially sound, you must come out positive when the above question is asked because it will influence the court’s decision significantly. Being able to prove that you can support your child happy, financially, psychologically and physically will be challenging, but worth the efforts.
As already mentioned above, child custody in Louisiana or any other state depends on which parent can ensure the best interests of the child in question. All you need to do is adhere to the court’s guidelines, prove that you are the deserving parent and your child wants you to be the custodial parent to win the custody of your baby.
All the best for your custodial hearing, and make sure that your kid is not affected in any way before, during or after the case!