If a parent is unwilling to voluntarily transfer custody, a grandparent has the right, in certain limited circumstances, to apply to the court to transfer custody of the grandparent. If a court finds that awarding custody to one parent would cause significant harm to the child, it may award custody to another person with whom the child has lived in a healthy and stable environment, or to anyone who can provide an appropriate and stable environment. It is important to note that the law strongly favours a transfer of custody to parents. Any non-parent seeking custody of a child faces a difficult burden of proof and persuasion. The burden of proof describes who must convince the court. It also measures the strength of the evidence. The burden lies with the person who asks the Court to rule against a legal presumption. As a general rule, it is the person who asks the Court to rule in his favour that he is responsible for it. Your parenting plan for shared custody should include: A shared custody order refers to families that have more than one child and where each parent is the sole custodial parent or stay-at-home parent of at least one child they have. Family allowances may or may not be payable in situations of shared custody. Authority is the responsibility to make decisions about the child. This may include decisions about physical custody of the child. Authority thinks about decisions, such as where the child will go to school or church.
This includes decisions about which sports or programs the child will participate in. Medical care and disciplinary decisions are also part of parental authority. In the case of joint custody, parents must share information about the child`s health, education and well-being and consult with each other to make decisions about the child. In most cases, Louisiana courts prefer to grant joint custody to both co-parents. This type of custody designates both co-parents as the child`s custodial parent. Most courts and family law experts in Louisiana believe it is in the best interests of the child to have a frequent and meaningful relationship with both co-parents, especially young children. Louisiana`s custody laws may apply joint custody to both physical and legal custody types. A co-parent with physical custody acts as the primary residence for the child and takes care of the child`s day-to-day care. A custodial co-parent handles all important decisions for the child; This includes decisions about education, religion, health, etc. The co-parents share the legal and physical aspects with joint custody. It is presumed that joint custody of both parents is in the best interests of the child.
However, a court may award sole custody to one parent if it is clearly and convincingly demonstrated that sole custody of that parent is in the best interests of the child. For more information on the burden of proof, see the custody FAQ. Joint custody is similar to shared custody in that both parents have equal legal authority over important decisions in children`s lives. However, unlike joint custody, both parents do not have the same custody or time with the children. Instead, set a schedule that best suits the children`s needs. Joint custody and joint custody have certain advantages and disadvantages. At Betsy A. Fischer, LLC Law Firm, we can help you find a custody agreement that meets your family`s needs. We know how to approach important custody issues strategically. With over 20 years of experience in family law, we work diligently to guide you through the process towards a viable solution.
Louisiana`s custody laws allow decisions to be made about the types of physical and legal custody. A co-parent with physical custody acts as the primary residence for the child and takes care of the child`s day-to-day care. A custodial co-parent handles all important decisions for the child; This includes decisions about education, religion, health, etc. Co-parents typically share the legal and physical aspects of custody under one of the types of custody arrangements available in Louisiana. In the case of shared custody, the parents share equal custody. The court may assign decision-making power in an order. In some cases, parents may agree to make all important decisions together. In a joint custody agreement, both parents are given legal custody of their child, but not the same physical custody. Essentially, both parents have the rights and duties of a joint guardian (responsibility for transfer, access, etc.), but do not share equal custody of the child.
Depending on the schedules of the child and his parents, or the location of the parents` home, it is not always possible to share physical custody equally. In these circumstances, unless the parties agree otherwise, a parent with domicile is appointed. For many reasons, a 50/50 sharing of physical custody is not always possible. If this is not the case, the child must have close, frequent and continuous contact with both parents. Courts should only grant sole custody if it is in the best interests of the child. Sole custody requires clear and convincing evidence. Clear and convincing evidence is a high standard. Since court-ordered custody decides which parent the child will primarily live with if two unmarried parents live together, it is unlikely that they will be able to obtain a court order regarding custody. Once the parents no longer live together, either parent can ask the court to make a custody decision setting out each parent`s individual rights and obligations, as well as a physical custody plan.
A parent who has not been granted joint custody or custody of a minor child is entitled to access, unless a court decides that it would not be in the best interests of the child to do so. The child has the right to visit both parents. If a court grants visitation, custody or other time with a child, the parent must spend time with the child as ordered by the court, unless there is a valid reason. No parent should interfere with court-ordered custody, visitation or time with a child unless there is a valid reason to do so. If one parent fails to exercise court-ordered custody or access, or if one parent interferes with the court-ordered custody or access time of the other parent, they may face consequences such as contempt of court and certain penalties.