Category Archives: Child Custody

Child custody agreements are meant to bring structure and stability after a separation or divorce, but life rarely stays the same. Over time, parents move, jobs change, children grow older, and new family situations emerge. When these changes make the current custody order unworkable, many parents wonder if the agreement can be modified in Louisiana.

The answer is yes, but the process is not as simple as submitting a short form. Louisiana custody laws set strict conditions for when and how a court will approve a change. Understanding these laws really matters before you take any action, as even a slight misstep can delay or weaken your case.

This guide explains how child custody modifications work in Louisiana when you can request one, what counts as a “material change in circumstances,” and how courts decide whether a new arrangement is in the child’s best interests.

Understanding Child Custody Agreements in Louisiana

Louisiana recognizes two main types of custody arrangements: consent judgments and considered decrees. A consent judgment occurs when both parents agree on custody terms, and the court approves the agreement. A considered decree is issued after a full court hearing, during which a judge evaluates the evidence and makes a decision.

This distinction matters because it determines the difficulty of modifying the existing order. For example, changing a considered decree requires a much stronger showing of proof since the court has already weighed both parents’ evidence.

Louisiana’s custody laws are based on the child’s best interests, outlined under Louisiana Civil Code Articles 131–134. Courts consider various factors, including stability, parental fitness, and emotional bonds, when determining child custody arrangements.

You can review the full text of these articles on the Louisiana Legislature’s official site.

When Can a Custody Agreement Be Modified?

A parent seeking to change a child custody order must prove that a material change in circumstances has occurred since the original judgment. This standard ensures that the modification reflects the child’s current needs, not the parent’s convenience.

Common examples include:

• One parent relocating to another city or state.
• A change in a parent’s ability to care for the child.
• Evidence of neglect, abuse, or unsafe living conditions.
• A child’s needs change as they age, move through school, or experience health issues.

The case of Bergeron v. Bergeron, 492 So. 2d 1193 (La. 1986), remains a cornerstone in Louisiana custody law.

It established that if the original order was a considered decree, the parent requesting modification must prove that the current arrangement is harmful to the child and that a change will significantly improve their situation. This is often referred to as the Bergeron standard.

The Legal Process for Modifying Custody

The process of modifying custody begins by filing a Rule to Modify Custody in the same court that issued the original order.

The steps typically include:

1. Filing the motion: A parent submits a written request explaining what has changed and why the modification is necessary.
2. Serving the other parent: The other parent must receive official notice and have an opportunity to respond.
3. Court hearing: Both sides present evidence, testimony, and documentation supporting their claims.
4. Evaluation: In some cases, courts may order custody evaluations, home studies, or mediation before making a decision.

Louisiana courts emphasize evidence that directly relates to the child’s well-being. Documentation such as school records, counseling reports, or witness statements can strengthen a modification request.

The Louisiana State Bar Association offers helpful self-representation forms, including the Rule to Modify Custody form, to assist individuals who need help understanding the required procedures.

Factors Louisiana Courts Consider

Courts use Article 134 of the Louisiana Civil Code to determine what arrangement serves the child’s best interests. These twelve factors guide judicial decisions in all custody-related cases.

Some of the key considerations include:

• The love and emotional ties between each parent and the child.
• Each parent’s ability to provide for the child’s material and emotional needs.
• The stability of each parent’s home environment.
• The child’s adjustment to home, school, and community.
• The moral fitness and mental health of each parent.
• The willingness of each parent to encourage a positive relationship with the other parent.

Judges focus on what promotes the child’s long-term stability and emotional security rather than temporary disagreements between parents.

Temporary and Emergency Custody Modifications

In urgent cases, a court may issue a temporary or emergency custody order. This typically happens when a child faces immediate danger or harm due to abuse, neglect, or sudden instability.

Parents can file an ex parte motion, which allows the judge to act quickly without first hearing from the other parent. However, these orders are temporary, and a follow-up hearing is required to decide whether permanent changes are justified.

Emergency modifications ensure a child’s safety while still following the rule that long-term arrangements must still meet the best-interest test.

Working with a Family Law Attorney in New Orleans

While parents can file for custody modifications on their own, Louisiana custody laws can be complex. Each case depends on specific facts, evidence, and procedural requirements.

A knowledgeable family law attorney can help make sure paperwork is correct, evidence is presented correctly, and the court understands your child’s needs.

Stephenson, Chavarri & Dawson’s team of attorneys in New Orleans has extensive experience guiding families through Louisiana’s family law system with professionalism and empathy. They help parents focus on what truly matters for their children’s well-being.

FAQs

What qualifies as a material change in circumstances in Louisiana custody cases?

A significant change, such as relocation, neglect, or a parent’s altered ability to care for the child, impacts the child’s welfare or best interests.

Can parents modify Custody without going to court?

Yes, if both parents agree and the court approves it. Informal changes without judicial approval are not legally enforceable.

How long does it take to modify a custody order in Louisiana?

It varies, but generally takes several months, depending on court schedules, the complexity of the case, and whether disputes arise.

Can a child’s preference affect the court’s decision?

Yes, but it’s only one factor. The court considers a mature child’s wishes alongside other best-interest elements under Louisiana law.

What happens if a parent violates a custody order during modification proceedings?

The violating parent can face contempt of court, and such actions may influence the judge’s final custody decision.

Is an attorney required to modify a custody agreement in Louisiana?

It’s not mandatory, but having legal representation helps avoid mistakes and strengthens the case.

Conclusion

Modifying a child custody agreement in Louisiana is possible, but success depends on proving a genuine, material change that benefits the child. Courts scrutinize every case, prioritizing the child’s best interests over parental disputes.

Parents seeking to adjust custody should understand the legal standards and prepare strong evidence before filing. With professional guidance, families in New Orleans can move through the process more confidently, while keeping their child’s well-being as the top priority.

Stephenson, Chavarri & Dawson help Louisiana families handle complex custody modifications with clarity, compassion, and legal precision.

When you get married, you want to do what’s best for your spouse and their family. Making sure your family is all in one place is a first step. If you’re a Green Card holder, you may be wondering if you can sponsor your stepchildren for U.S. residency. The answer isn’t so simple and depends on a few different factors. If you are eligible, you’ll have quite a bit of paperwork to complete; it can be very confusing, and you can’t afford to get it wrong.

U.S. immigration law allows lawful permanent residents to petition for stepchildren, but only under particular conditions. When you got married, how old the child is, and whether they’re married – these are just some of the situations that can derail the residency process.

First, let’s go through what documentation is required, how age eligibility is affected by the Child Status Protection Act (CSPA), and what paperwork you need to complete, including the Form I‑130. Then we can detail how this works for stepchildren, and what to expect when applying through the New Orleans USCIS office. If you’re trying to understand the right path forward for your family, this is where to begin.

Can a Green Card Holder Sponsor a Stepchild?

Sponsoring a stepchild as a green card holder is legally allowed, but eligibility isn’t that simple. The U.S. government examines how and when the relationship was established. It’s not enough to be married to the child’s parent; the marriage must have occurred before the child’s 18th birthday to create a qualifying step-relationship under immigration law. Additionally, the stepchild must be unmarried and under the age of 21 at the time of filing the petition for sponsorship.

How to File a Petition: Form I‑130 for a Stepchild

To start the process, the sponsoring green card holder must file Form I‑130, a Petition for Alien Relative, for each stepchild. Each child is treated as a separate applicant and must meet the qualifications independently. Unlike other family visa categories, stepchildren cannot be added as derivatives to a spouse’s petition, even if you’re sponsoring both your spouse and their child.

The Form I‑130 petition must include:

• Proof of your marriage to the child’s biological parent
• The child’s birth certificate
• Documents showing an ongoing relationship between you and the child (e.g., photos, letters, school records)

Where Your Stepchild is Located Matters: Adjustment of Status vs. Consular Processing

As you know, there are many paths to U.S. immigration, each just as confusing as the last. Sponsoring a stepchild is no different, and where the stepchild lives will determine which process applies:

If the child is already in the U.S. and entered the country legally, they may apply for adjustment of status using Form I-485 once the Form I-130 is approved and a visa is available. The Form I-485 is the Application to Register Permanent Residence or Adjust Status.

If the stepchild is outside the U.S., and the Form 1-30 is approved, the case is transferred to the National Visa Center (NVC), and the child will complete consular processing through a U.S. embassy or consulate in their home country.

Processing times can vary significantly, but your immigration law attorney can talk to you about expected wait times and how to track the case.

Child’s Age and the Child Status Protection Act

Timing matters when it comes to age. The Child Status Protection Act (CSPA) protects children who turn 21 during the waiting period for their green card. Under CSPA, a child’s “immigration age” can be calculated using a special formula that subtracts the length of the Form I‑130 processing from the child’s actual age when a visa becomes available. If the adjusted age is under 21, the child may still qualify.

To benefit from CSPA, the child must apply for adjustment or consular processing within one year of visa availability. Missing this window can result in the loss of eligibility for sponsorship through this method.

Affidavit of Support

As part of the Green Card process, the sponsor must submit Form I-864, Affidavit of Support, to demonstrate their ability to support the child and prevent reliance on public benefits financially. In Louisiana, a sponsor’s household income must exceed 125% of the poverty line.

Conditional Green Cards

If your marriage to the child’s parent is less than two years old at the time of Green Card approval, the stepchild will receive a conditional Green Card. The temporary card is valid for two years. After that, you must file Form I‑751, Permission to Remove Conditions on Residence, to convert to permanent status.

Common Issues That Delay Sponsorship

Even when eligibility is clear, petitions can be delayed or denied due to preventable mistakes. Some of the most common mistakes and problems include:

• Submitting incomplete I‑130 documentation or lacking sufficient evidence of family ties
• Failing to provide certified translations or required civil documents
• Confusion about whether the child qualifies under CSPA rules
• Omitting key financial documents in the Form I‑864 packet
• Delays at the New Orleans USCIS Field Office or National Visa Center

Understanding how these issues impact your petition timeline and addressing them early can prevent unnecessary setbacks.

Frequently Asked Questions

What if the stepchild turns 21 before the green card is approved?

The Child Status Protection Act (CSPA) may allow the stepchild to remain eligible if the I‑130 was filed before the child turned 21 and if the applicant seeks residency within a year of visa availability.

Can my spouse and stepchild be included in the same I‑130 petition?

No. Each person requires a separate I‑130 petition, even though they are part of the same family unit.

What if my stepchild is already in the U.S.?

They may qualify for Adjustment of Status, thereby avoiding the need to leave the country, provided they entered the country legally and meet all other requirements.

Do stepchildren get conditional Green Cards?

Yes, if your marriage to their parents is less than two years old at the time of approval, both you and your spouse will receive conditional residency for two years.

How long does the process take?

Timelines vary, but unfortunately, this won’t be a quick process. In New Orleans, Form I‑130 petitions for stepchildren can take 1-2 years, depending on case complexity and consular delays.

Sponsoring a Stepchild is a Difficult and Confusing Process – Don’t do it Alone

Sponsoring a stepchild for U.S. residency as a Green Card holder is possible, but timing and documentation are everything. At Stephenson Chavarri & Dawson, we help families across Louisiana navigate these steps with sensitivity to your particular situation. If you need help confirming eligibility, preparing your documents, or avoiding common USCIS delays, we invite you to schedule a free consultation with our immigration team today.

When a custody order is in place, both parents are expected to follow it without exception. But what happens when one parent decides to break that agreement? Whether it’s skipping visitation, refusing to return the child, or even relocating out of state without notice, these actions can result in serious legal consequences.

Are you dealing with a custody order violation in Louisiana? If so, it’s essential to understand your rights and what steps you can take next.

Many parents feel overwhelmed when faced with this situation. They may be unsure whether the law will support them or how to protect their relationship with their child. This article will walk you through everything you need to know, covering what counts as a violation, how Louisiana courts respond, and what options are available to enforce or modify your custody order.

Understanding Custody Orders in Louisiana

A custody order in Louisiana outlines how divorced or separated parents share responsibilities and time with their children. The order may involve legal custody, which covers decision-making authority, and physical custody, which determines where the child lives. Parents may have joint custody, where they share responsibilities and rights, or one parent may have sole custody.

Sometimes, parents reach agreements on these matters, with a judge approving the final terms. Alternatively, the court may make custody decisions based on the child’s best interests. Once the court issues a custody order, both parents are required to follow it unless the court officially modifies the order.

Examples of Custody Order Violations

A parent can violate a custody order in several ways. Common violations include:

• Refusing to hand over the child for scheduled visitation
• Taking the child on an out-of-state trip without court approval or the other parent’s consent
• Blocking phone or video calls between the child and the other parent
• Failing to return the child on time
• Changing schools, doctors, or religious practices without input if joint legal custody applies

Even if the parent believes they have a good reason for any of the above, these actions can still be considered violations if the court doesn’t approve them.

Legal Consequences for Violating a Custody Order

A parent may face contempt of court charges if they violate a custody order in Louisiana. This is a serious matter that can result in fines, mandatory parenting classes, jail time, or the loss of custody rights. The severity of the penalty usually depends on the nature of the violation and whether it’s a one-time or repeated issue.

Contempt of court in Louisiana for violating a custody order can lead to fines, jail time, or both, depending on the severity and recurrence of the violation.

In Louisiana, Revised Statutes §9:346 allows the court to enforce visitation and custody terms and order the violating parent to pay Attorney’s fees and court costs. The court can also adjust future visitation schedules or impose restrictions to prevent future violations.

How to Enforce a Custody Order in Louisiana

You can file a motion for contempt with the court that issued the original custody judgment if the other parent isn’t following the custody order.

The process generally includes:

• Filling out a petition detailing the violation
• Submitting supporting evidence such as text messages, emails, or police reports
• Attending a court hearing where both sides present their case

Documentation is key. Courts typically look for consistent, dated proof like messages, call logs, or written records to prove violations.

The court may allow law enforcement to intervene in some cases. Typically, however, civil courts handle the enforcement of custody orders. If the parent repeatedly violates an order’s terms, the court may impose stricter penalties, including jail or supervised visitation.

Modifying Custody After a Violation

Repeated or serious violations can be grounds for requesting a change in custody. Louisiana courts always consider the best interests of the child when deciding whether to modify an order.

Some factors that may influence the decision include:

• Whether the child’s safety or emotional well-being is at risk
• Patterns of interference with parenting time
• Lack of cooperation in shared custody decisions

The court may reduce the violating parent’s custody rights or assign supervised visitation to protect a child’s well-being.

Out-of-State Violations and the UCCJEA

Sometimes, one parent tries to avoid the Louisiana custody order by leaving the state with the child. In these cases, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helps enforce custody terms across state lines.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helps ensure Louisiana custody orders are honored even when a parent crosses state lines.

You may need to register the Louisiana order in another state to enforce it. Still, courts typically work together to prevent parental abduction or relocation that harms the child-parent relationship. The UCCJEA ensures that only one state has jurisdiction over custody issues at a time.

Protective Steps for the Non-Violating Parent

It’s essential to stay calm and follow the proper legal process if the other parent is violating the custody order. Start by documenting the problem. Courts appreciate clear, dated evidence of violations, like screenshots, text logs, written notes, or even school attendance records. If necessary, contact law enforcement, but only in an emergency or when the child is in danger.

You should also speak with an attorney to determine the best course of action. Filing motions without legal support can lead to mistakes. In some cases, filing a motion may backfire if the court finds no violation.

Legal Penalties for Custody Order Violations in Louisiana

Violation Type	Legal Response	Possible Penalty
Denial of visitation	Motion for contempt	Fines, possible jail, parenting classes
Out-of-state travel without consent	UCCJEA enforcement	Order to return child, loss of custody rights
Repeated interference with custody	Custody modification hearing	Change in custody arrangement, supervised visits
Failure to comply with parenting time	RS 9:346 invoked	Attorney’s fees, court sanctions

Frequently Asked Questions

Can a parent go to jail for violating a custody order in Louisiana?

Yes. A court can impose jail time if it finds the violation is willful and severe under contempt laws.

What should I do if the other parent consistently denies visitation?

Document every instance and file a motion for contempt with the family court, preferably with the assistance of legal counsel.

Does law enforcement help enforce custody orders in Louisiana?

Yes, in some cases. However, courts generally prefer civil remedies unless there’s an emergency or a risk of abduction.

What is considered “parental kidnapping” in Louisiana?

It may be treated as parental abduction if a parent takes a child out of state or hides them to avoid custody terms.

Can I modify custody after the other parent breaks the order?

The court may consider changes in custody to protect the child’s welfare if the violations are severe or ongoing.

What proof do I need to show that a violation occurred?

Courts look for dated messages, call logs, third-party witness accounts, or school/activity records.

Get Legal Help When a Parent Violates a Custody Order in Louisiana

Violating a custody order in Louisiana isn’t just unfair. It’s also illegal. Whether the violation is minor or severe, the court has tools to enforce custody terms, protect your time with your child, and penalize non-compliant behavior. From contempt motions to potential custody modifications, taking action the right way matters.

If you’re dealing with a custody order violation in Louisiana, the legal team at Stephenson, Chavarri & Dawson L.L.C. is here to support you. We understand the emotional and legal challenges that come with custody disputes. Contact us today to schedule a free consultation and get help enforcing or protecting your custody rights.

In Louisiana, the law does not automatically recognize a father’s custody rights when a child is born outside of marriage. The law grants the mother full legal custody by default. This legal reality can be frustrating and emotionally challenging for unmarried fathers who want to be involved in their child’s life.

Understanding how to assert and protect your rights is critical. This is especially true in a city like New Orleans, where local court procedures and state law shape how custody and visitation are handled.

This guide provides an overview of what unmarried fathers need to know about paternity, custody rights, visitation, and navigating the Louisiana family court system.

Why Legal Paternity Is the First Step

Louisiana law clearly distinguishes between biological and legal fatherhood. Even if a man is the child’s biological father, he has no enforceable legal rights unless paternity is formally established. Until then, the mother has sole custody and decision-making power regarding the child.

Under Louisiana law, an unmarried mother has sole custody of a child until the father establishes paternity. — Louisiana Children’s Code Article 1007

Without legal paternity, the father cannot seek custody or visitation. A father cannot even make basic decisions about the child’s upbringing. Therefore, the first and most essential step for any unmarried father is to establish legal paternity.

How to Establish Paternity in Louisiana

Establishing paternity is the first step in asserting legal rights as a father. Louisiana provides two pathways for this:

Voluntary Acknowledgment of Paternity

Both parents can sign an Acknowledgment of Paternity form at the hospital after the child’s birth or later through the Louisiana Vital Records Registry. This form has legal weight and, once filed, grants the father full recognition under state law.

An Acknowledgment of Paternity Affidavit signed by both parents is legally binding in Louisiana and can establish paternity without a court hearing.

Court-Ordered Paternity

The father must file a paternity petition in family court if the mother contests the father’s role. The court typically orders DNA testing. If the results confirm biological paternity, the judge will issue a paternity judgment, establishing the father as the legal parent.

The father moves forward with custody or visitation requests once paternity is confirmed.

Types of Custody Available to Unmarried Fathers

Louisiana law offers two main types of custody:

• Legal Custody: The right to make decisions regarding education, healthcare, and overall welfare.
• Physical Custody: Refers to where the child lives.

Sole vs. Joint Custody

Unmarried fathers may petition for sole custody or joint custody, depending on the circumstances. Louisiana courts prefer joint custody when it serves the child’s best interests. However, the court may award sole custody if one parent demonstrates a significantly greater ability to provide stability and care for the child.

To be considered for joint or sole custody, the father must show a record of involvement, responsibility, and a commitment to the child’s well-being.

Visitation Rights and Parenting Time

Even if the court does not grant custody, an unmarried father may still be awarded visitation rights. Louisiana law supports a child’s access to both parents whenever possible.

There are two general types of visitation:

• Reasonable Visitation: Flexible arrangements agreed upon by both parents.
• Fixed Visitation: Specific days and times ordered by the court.

The father can return to court to have the order enforced if the mother denies court-approved visitation.

What Courts Consider: Best Interests of the Child

Louisiana courts decide custody based on what is in the child’s best interests, not parental preference. Judges look at a variety of factors, many of which are outlined in Louisiana Civil Code Article 134:

• The relationship between each parent and the child
• The ability of each parent to provide a stable home
• The physical and emotional health of both parents
• The child’s schooling, routines, and social development
• Each parent’s willingness to support the child’s relationship with the other parent

The court’s guiding principle in custody cases is always the best interests of the child, not the preferences of the parents. — Louisiana Civil Code Article 134

A father who demonstrates consistency, emotional involvement, and cooperation will have a stronger case for custody or visitation.

Filing for Custody in New Orleans: Legal Steps

An unmarried father must go through the court system to pursue custody or visitation. In New Orleans, cases are handled through the Orleans Parish Civil District Court.

Step 1: File a Petition

Once paternity is established, the father files a Petition for Custody and/or Visitation. This legal document outlines the custody request and supporting reasons.

Step 2: Notify the Mother

The mother must receive formal notification of the legal action through a process known as “service of process.” This ensures fairness and gives her a chance to respond.

Step 3: Attend the Court Hearing

Both parents present their positions in court. The judge considers testimony, parenting records, and any evidence related to the child’s welfare.

Step 4: Receive the Custody or Visitation Order

The court issues a binding order that outlines who will have custody and what the visitation schedule will be. Violations of this order can lead to further legal consequences.

Legal Timeline and Support

From filing to final order, the process may take several months, depending on the case’s complexity and the court’s backlog. Errors in paperwork or missed deadlines can cause delays in the case. Having an experienced attorney ensures the process moves efficiently and that your rights are protected.

Married vs. Unmarried Fathers in Louisiana: A Comparison

Legal Aspect	Married Father	Unmarried Father
Legal Parent at Birth	Yes	No – must establish paternity
Custody Rights at Birth	Equal with the mother	None until legal paternity is confirmed
Ability to File for Custody	Immediate	After paternity established
Legal Process	Divorce or custody filing	Paternity + Custody filing
Custody Likelihood	High if involved	Depends on involvement and proof

Frequently Asked Questions

Do unmarried fathers automatically have custody rights in Louisiana?

No. Only the mother has automatic custody. The father must first establish legal paternity to request any custody rights.

Can a father get custody if the mother refuses to acknowledge him?

Yes. The father can petition the court for paternity testing and custody or visitation rights.

What is needed to file for custody in New Orleans?

The father needs proof of paternity and a completed petition and must notify the mother through legal services.

Does paying child support give the father visitation rights?

Not automatically. Child support and custody are separate legal matters. Visitation must be granted through the court.

Can a custody arrangement be changed later?

Yes. If circumstances change, either parent can petition the court to modify the custody or visitation order.

Get Help Establish Legal Paternity as an Unmarried Father in New Orleans

Unmarried fathers in New Orleans face unique legal challenges. Fortunately, the law does provide a path to custody and visitation. The key is to act quickly, follow the legal process, and demonstrate your commitment to the child’s best interests. Establishing paternity is the gateway to all other parental rights and responsibilities.

At Stephenson, Chávarri & Dawson, LLC, we work with fathers across New Orleans who want to play a meaningful role in their child’s life. If you’re ready to assert your rights and understand the legal steps ahead, we’re here to guide you with clarity and respect.

Nearly 1,500 children are abducted from the United States each year by a parent to another country. Often, this occurs during or after custody disputes. When a separation involves parents living in different countries, figuring out where the child should live becomes more than just a family disagreement. It becomes a legal matter that crosses borders, languages, and laws.

If you’re in New Orleans and dealing with a child custody issue involving another country, this guide explains what you need to know, which laws apply, and how to protect your rights and your child’s well-being.

What Is an International Child Custody Dispute?

An international child custody dispute happens when parents in different countries disagree about where their child should live, who should have custody, or whether the child can travel internationally. These cases often come up when:

• One parent lives abroad and wants custody or visitation rights
• One parent takes the child to another country without permission
• Parents disagree about which country’s court should decide custody

In New Orleans, both Louisiana state law and international treaties like the Hague Convention apply to international custody cases. Understanding the basics of how this complex process works can help you feel more prepared.

Laws That Govern International Custody Disputes

Resolving international custody cases isn’t just about choosing sides—it’s about following legal rules that aim to protect the child. Here are the most important legal tools used in these disputes.

The Hague Convention on the Civil Aspects of International Child Abduction

This treaty, signed by the United States and over 100 other countries, aims to return children who have been taken from their home country without the other parent’s agreement. It doesn’t decide custody. What it does do is make sure the case is handled in the child’s “habitual residence.”

The Convention allows parents to prove their custodial rights in different ways. A parent can submit a custody order. Or, in some cases, they can submit proof of custodial rights according to the laws of the child’s habitual residence. — U.S. Department of State

To use the Hague Convention, both countries involved must be part of the treaty. Recovering your child may require local legal action abroad if the other country is not a member.

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

The UCCJEA also governs child custody in Louisiana. This law helps courts determine which state or country has the authority to decide about a child. Usually, it’s the place where the child has lived for the last six months. The goal is to avoid conflicting court orders from different locations.

Louisiana Family Law

Louisiana follows the “best interest of the child” rule. Local courts consider the child’s safety, health, emotional needs, school stability, and each parent’s ability to care for them when making custody decisions. If international laws apply, Louisiana courts work alongside those rules while still prioritizing the child’s well-being.

Challenges in International Custody Cases

International custody disputes bring unique problems that don’t show up in typical family law cases. Some of these problems include:

Deciding Which Court Has Authority

Deciding which court should handle the case becomes difficult if both parents file for custody in their own countries. Courts usually rely on the concept of “habitual residence,” but this can be disputed if the child has moved recently.

Enforcing a Custody Order Across Borders

Even if a Louisiana court gives you custody, it might be hard to make another country follow that order. Not all countries respect U.S. custody rulings. Enforcement could take much longer (and cost more) if the government isn’t part of the Hague Convention.

Cultural and Legal Differences

Family law isn’t the same everywhere. Some countries may favor mothers. Others may require both parents to be of the same religion. These differences can affect how custody is decided and whether you’re treated fairly.

What to Do If You’re Facing an International Custody Dispute

If your child is taken overseas without your permission—or if you fear it might happen—taking quick and careful steps is key.

Talk to a Family Law Attorney Who Handles International Cases

International custody cases are complicated. A local lawyer with experience in international family law can help you understand your rights, file the proper paperwork, and deal with courts in different countries. Having the appropriate guidance early can save you time, stress, and money.

Gather and Organize Custody Documents

Make sure you have all legal documents related to custody and travel permissions. An explicit agreement that includes terms for travel, visitation, and relocation is beneficial if a dispute arises.

Learn About Relevant Laws and Treaties

Understanding which laws apply to your situation will help you make wise choices. If your child has dual citizenship, additional legal steps may be needed to resolve the matter in both countries.

Critical Insights and Legal Updates

A child’s ‘habitual residence’ under the Hague Convention should be determined based on the totality of the circumstances specific to the case. — Monasky v. Taglieri, 140 S.Ct. 719 (2020)

The outcome of any case depends on its specific facts. Past results do not guarantee future outcomes. — Standard Legal Disclaimer

Common Steps in an International Custody Case

Here’s what typically happens in these cases, step by step:

Step	What Happens
Step 1: Hire an Attorney	Work with a family law attorney who has handled international cases before.
Step 2: Determine Jurisdiction	Figure out which country’s court can make custody decisions.
Step 3: File Legal Petitions	Submit the proper documents in court. This may include a petition under the Hague Convention.
Step 4: Attend Hearings	Present evidence, witnesses, and proof of custody rights in court.
Step 5: Enforce the Order	Work with the courts and possibly international agencies to enforce the final custody order.

Frequently Asked Questions

What is the Hague Convention, and why does it matter?

The Hague Convention helps return children who have been taken across borders without permission. It ensures custody is decided in the child’s regular country of living, not in the country they were taken to.

Can I stop the other parent from taking my child out of the country?

Yes. You can request a court order that restricts travel or ask the court to hold onto the child’s passport. Courts take these requests seriously when there’s a risk of abduction.

How do Louisiana courts decide custody in international cases?

Louisiana courts apply the UCCJEA and state family law. They’ll consider where the child has lived recently, their needs, and whether international laws or treaties apply.

What if the other country doesn’t follow U.S. court decisions?

You may need to file legal documents in that country or work with a lawyer who understands the local system. Enforcing your rights is more complicated but not impossible.

What should I do if my child was taken overseas without my permission?

Act quickly. Contact an international custody attorney and the U.S. State Department’s Office of Children’s Issues. If the country is part of the Hague Convention, you can request the child’s return.

https://www.justice.gov/criminal-ceos/international-parental-kidnapping

Can my custody order include rules about international travel?

Yes. Courts can include specific travel rules in custody orders, such as the need for written consent from both parents before leaving the country.

Final Thoughts and What You Can Do Next

International child custody disputes are legally challenging and deeply emotional. These cases involve not just your relationship with your child but also your ability to protect them from harm, confusion, or instability. The legal process may feel long, but it exists to help your child stay safe and secure.

Whether you’re trying to prevent international abduction or seeking to enforce a custody order from New Orleans in another country, having a clear plan and strong legal support is essential.

At Stephenson, Chavarri & Dawson L.L.C., our team has experience with international custody cases and understands both Louisiana family law and global treaties like the Hague Convention. We can help you navigate each step of this process with care and professionalism.

Schedule a free consultation today to learn how we can help protect your child and your rights.

Grandparents are often an essential part of a child’s life. They may provide love, emotional support, and family stability. However, for various reasons—such as parental divorce, separation, or other legal conflicts—grandparents may find themselves unable to see their grandchildren. They may have legal options to seek visitation or even custody when this happens.

Louisiana law acknowledges that, in certain circumstances, maintaining a relationship with their grandparents is in a child’s best interests. However, these rights are not automatically granted. Courts carefully consider multiple factors before allowing grandparents legal visitation or custody.

If you are a grandparent in Louisiana wondering about your rights, this guide will help you understand how the law applies, what legal steps you can take, and how courts determine these cases. Let’s explore what Louisiana law says about grandparent visitation and custody.

Understanding Grandparents’ Rights in Louisiana

Grandparents in Louisiana do not have automatic visitation or custody rights over their grandchildren. Unlike parents, who have an inherent right to care for and raise their children, grandparents must prove that their involvement is necessary for the child’s well-being.

What Does Louisiana Law Say About Grandparent Rights?

Louisiana law provides two key legal statutes that define grandparent rights:

• Louisiana Civil Code Article 136 governs visitation rights for grandparents, outlining when and how they can petition the court.
• Louisiana Revised Statute 9:344 – This statute establishes the legal foundation for grandparent custody in specific situations.

A grandparent must be granted visitation or custody after the court determines that such an arrangement serves the child’s best interests.

Under Louisiana law, grandparents can petition the court for visitation rights if they show that their relationship with the child has been significantly disrupted.

Grandparents’ Visitation Rights in Louisiana

If a grandparent wishes to maintain a relationship with their grandchild but is being denied access, they may petition the court for visitation rights. However, they must meet specific legal criteria for the court to grant their petition.

When Can Grandparents Seek Visitation?

Louisiana law allows grandparents to petition for visitation in specific situations:

If one or both parents are deceased, incarcerated, or declared legally incompetent

If a child’s parent can no longer care for them, the court may determine that it is in the child’s best interest to continue having a relationship with their grandparent.

If the parents are divorced or legally separated

Children may lose connections with one side of the family when parents separate. Louisiana law allows grandparents to request visitation if their child (the parent) is no longer married to the other parent.

If the parents are unmarried and living apart

The court may grant visitation to a grandparent if a child’s parents were never married and are no longer together.

In all cases, courts apply the best interest of the child standard to determine whether visitation should be allowed.

Extraordinary circumstances shall include a determination by a court that a parent is abusing a controlled dangerous substance.

How Do Courts Decide Whether to Grant Visitation?

Louisiana courts consider multiple factors when determining whether granting visitation is in the child’s best interest. These factors include:

• The emotional bond between the grandparent and grandchild
• The length and quality of their relationship prior to the petition
• The child’s physical and emotional well-being
• The ability of the grandparent to provide stability
• The wishes of the child, if they are mature enough to express a preference
• Any history of abuse, neglect, or conflict between the grandparent and parents

If the grandparent had a strong, meaningful relationship with the child before the conflict, the court may be more likely to grant visitation.

Grandparents’ Custody Rights in Louisiana

Custody is different from visitation. Visitation allows a grandparent to see and spend time with their grandchild. Custody grants them the legal right to make parental decisions.

When Can Grandparents Seek Custody?

Grandparents typically seek custody when they believe that the child’s current living situation is unsafe or harmful. Some of the most common reasons include:

• Parental unfitness due to drug or alcohol abuse
• Evidence of physical or emotional abuse or neglect
• The death or incapacitation of one or both parents
• A parent’s involvement in criminal activities or domestic violence
• The child being placed in foster care

Grandparents seeking custody must present clear and convincing evidence that removing the child from their current home is necessary to protect them.

Legal Steps for Grandparents Seeking Custody

1. Filing a Custody Petition: The grandparent must submit an official request for custody through family court.
2. Gathering Evidence: Courts require substantial proof that granting custody to a grandparent serves the child’s best interest.
3. Attending a Hearing: A judge will evaluate the case, listen to both sides, and make a ruling.

Louisiana courts are hesitant to remove a child from their biological parents unless there is strong evidence that doing so is necessary.

Alternative Legal Arrangements for Grandparents

Sometimes, formal custody battles can be avoided through alternative legal arrangements.

Provisional Custody by Mandate

Louisiana law allows parents to temporarily transfer custody to grandparents using a legal document called provisional custody by mandate. This agreement does not require court intervention. It may be particularly useful when parents need temporary assistance.

Voluntary Transfer of Custody

Parents may voluntarily transfer custody if they are unable to care for their children but wish to place them with grandparents. This process requires court approval to ensure the arrangement serves the child’s best interest.

Louisiana law allows for provisional custody arrangements when parents are temporarily unable to care for their children. –Louisiana Legal Help.

Legal Grounds for Grandparents’ Visitation and Custody in Louisiana

Circumstance	Legal Provision	Considerations
Parental death, incarceration, or incapacity	Louisiana Revised Statute 9:344	Best interest of the child
Parents living apart for 6+ months	Louisiana Civil Code Article 136	Extraordinary circumstances; best interest of the child
Child in foster care	Louisiana Children’s Code Article 1264	Grandparents may seek visitation or custody depending on case specifics

Frequently Asked Questions (FAQs)

Can grandparents seek visitation if the parents are still married?

Yes, but only under extraordinary circumstances. Examples include parental neglect, substance abuse, or a history of domestic violence. Courts must determine that visitation serves the child’s best interest.

What constitutes ‘extraordinary circumstances’ for granting visitation?

Extraordinary circumstances may include situations where the child is at risk due to parental incapacity, neglect, or abuse. The court will assess these factors carefully before making a decision.

How do courts determine the child’s best interest?

Courts evaluate factors like the child’s relationship with the grandparent, their emotional well-being, and any potential risks in their current living situation.

Is legal representation necessary for filing a visitation or custody petition?

Although not mandatory, having an experienced family law attorney increases the likelihood of a successful petition by ensuring all legal requirements are met.

Can grandparents obtain custody if the child is in foster care?

Yes, Louisiana law prioritizes placing children with relatives over non-relative foster care. Grandparents must prove that their home is a stable, suitable environment.

Understanding Grandparents’ Rights in Louisiana

Louisiana law recognizes that maintaining a relationship with grandparents can be beneficial for a child. That said, it also prioritizes parental rights and the child’s best interest. This means that grandparents must provide strong legal justification when petitioning for visitation or custody.

Understanding your legal options is crucial if you are a grandparent seeking visitation or custody. Courts consider various factors, such as the child’s emotional well-being, the nature of your existing relationship, and any potential risks in their current living situation. Whether you are seeking to maintain regular contact with your grandchild or believe that custody is necessary to protect their safety and well-being, a well-prepared legal case is essential.

Legal processes can be complex, but you don’t have to navigate them alone. An experienced family law attorney can help you build a strong case, ensure that your petition meets all legal requirements, and advocate for your rights in court.

At Stephenson, Chávarri & Dawson, LLC, we understand the emotional and legal challenges grandparents face in these situations. Our team is here to provide the guidance and representation you need to protect your relationship with your grandchild. If you’re considering filing for visitation or custody, contact us today to discuss your case and explore your legal options.

Recent research has highlighted the mutual psychological advantages of strong relationships between grandchildren and grandparents.

Investigators at Boston College analyzed data from 374 grandparents and 356 adult grandchildren over 19 years, revealing close emotional bonds between these two groups are linked with fewer signs of depression for both. The investigative work underscores the unique rewards of such intergenerational connections. 

The study indicates grandparents gain access to new ideas and perspectives through their grandchildren, while grandchildren benefit from the wisdom and historical insights of their elders. Past studies have corroborated these findings, showing children with strong ties to their grandparents often experience better emotional health and social behavior.

Eligibility for grandparent visitation rights in family law hinges on specific legal criteria. In Louisiana, grandparents may seek visitation if the parents are divorced, one parent has passed away, or the child has been adopted by a stepparent. The state prioritizes a child’s well-being, so grandparents must show involvement will benefit the child’s life. Additionally, courts will consider the relationship history between the grandparent and grandchild. It’s a complex process where legal nuances play a significant role. Each situation is unique, with various factors influencing the court’s decision. Grandparents aiming to secure visitation rights should understand these legal requirements as a first step in the process.

Initial Considerations: Assessing the Child’s Best Interests

When assessing a child’s best interests in relation to grandparent visitation rights, courts examine several elements. Stability, emotional ties, and the grandparent’s ability to provide a nurturing environment are scrutinized. The child’s own wishes may also carry weight, especially for older children capable of expressing their preferences. Louisiana law mandates a child’s health, safety, and welfare are paramount. Prior conduct of the grandparents, such as their willingness to foster a positive relationship between the child and both parents, is considered. Factors like the child’s routine, home environment, and the potential impact of visitation on their development are critical to a court’s evaluation. It’s a process designed to ensure the involvement of grandparents correlates with a positive influence on the child’s life.

Preparing Your Case: Gathering Evidence to Support Visitation Claims

Gathering evidence is a pivotal step for grandparents preparing to request visitation rights. Documentation demonstrating a strong bond with the grandchild is vital. This can include photos, correspondence, and testimonies from individuals aware of the relationship. Evidence of the grandchild’s positive responses to past interactions, such as phone logs or gifts, can also be helpful. Records showing consistent involvement in the child’s life support the argument for maintaining contact. Grandparents should compile any evidence portraying their home as a safe and beneficial environment for the child. Demonstrating a history of positive influence and emotional support can be influential. Careful preparation and detailed evidence collection lay the groundwork for a compelling case to the court.

Legal Procedures: How to File a Petition for Visitation in Louisiana

In Louisiana, the legal procedure for filing a petition for grandparent visitation involves several steps. Grandparents must file a formal request, known as a petition, with the family court in the parish where the grandchild resides. This petition should detail the reasons visitation is in the child’s best interests. Legal forms must be completed accurately, and any required filing fees paid. Once the petition is filed, the court will schedule a hearing. At this hearing, both sides can present their arguments and evidence. Proper service of the petition to the child’s parents or guardians is a legal requirement, ensuring they are aware of the proceedings and can respond. A clear, well-prepared petition aligns with Louisiana statutes on grandparent visitation is essential for the legal process to move forward.

Mediation Options: Exploring Alternative Dispute Resolution

Exploring mediation as an alternative dispute resolution can offer a less confrontational path to establishing grandparent visitation rights. Mediation involves a neutral third party who helps both grandparents and parents discuss their concerns and work toward a mutually agreeable solution. It is a space for open dialogue where the focus remains on the child’s best interests without the formalities of a courtroom setting. Many find mediation can lead to a faster, more amicable resolution, often with less emotional and financial strain. It allows for flexible arrangements to be tailored to the family’s unique needs. While not every case can be resolved through mediation, it presents a valuable opportunity for grandparents to negotiate visitation rights in a collaborative manner.

Courtroom Dynamics: Presenting Your Case for Visitation Rights

Understanding courtroom dynamics is essential when presenting a case for grandparent visitation rights. In a family court setting, the judge’s role is to assess the case based on the law and the evidence presented. Grandparents should prepare to clearly articulate the relationship with the grandchild and the positive impact of their involvement. Presenting a case involves organizing all evidence, such as documented past interactions and testimonies supporting the grandparent’s role in the child’s life.

It’s important to remain calm and respectful, addressing the judge with appropriate decorum. Emotions can run high in family law cases, but maintaining composure can help the court see the grandparent as a stabilizing influence for the child. Grandparents should also be prepared to respond to any concerns raised by the parents or their legal representatives, focusing on the child’s best interests rather than personal conflicts. A well-presented case can significantly influence the outcome in a grandparent’s favor.

Legal Hurdles: Overcoming Objections to Grandparent Visitation

Overcoming objections to grandparent visitation often involves addressing concerns about the child’s well-being and the potential for disruption to the child’s life. When parents or guardians resist a grandparent’s request for visitation, it may be based on issues of suitability, the child’s routine, or the belief such visits are not in the child’s best interests.

Legal hurdles can also stem from the interpretation of parental rights and the threshold for intervention by non-parental figures. Grandparents must often demonstrate their presence will not interfere with the child’s upbringing but instead will enhance the child’s welfare. Responding to objections requires a thorough understanding of family law and the factors courts consider when determining visitation rights. It may also necessitate providing additional evidence or expert testimony to address specific concerns raised by the opposing party.

Judgments and Orders: Interpreting the Court’s Decision

Interpreting a court’s decision on grandparent visitation rights requires careful attention to the details of the judgment or order issued. The decision will outline the specifics of the visitation schedule, including days, times, and conditions under which visitation is to occur. It may also address how the visits should be conducted, such as supervised or unsupervised.

The judgment reflects the court’s conclusion after considering all evidence about what arrangement serves the child’s best interests. It’s legally binding, meaning all parties must adhere to the terms set forth. If the court denies visitation, the order will explain the reasons, often relating to the child’s well-being or lack of evidence showing a beneficial relationship with the grandparents. Understanding the court’s rationale behind its decision can be instrumental for future petitions or appeals.

Post-Trial Steps: Enforcing Visitation Rights

After a trial, enforcing visitation rights granted by the court requires adherence to the specifics of the judgment. If the grandparents are granted visitation, they must follow the schedule and terms outlined in the court order. Should the parents or guardians not comply with the order, the grandparents have legal avenues to ensure enforcement.

One common step is to file a motion for enforcement or contempt in the same court which issued the visitation order. This motion can prompt the court to take action to ensure the visitation rights are respected. Documentation of any instances of non-compliance is crucial, as it provides evidence the court’s orders are not being followed. It’s a legal procedure intended to uphold the rights established by the court for the benefit of the child’s relationship with their grandparents.

Modifications and Appeals: Addressing Changes in Visitation Rulings

Addressing changes in visitation rulings involves a structured legal process. If circumstances change significantly, grandparents or parents can petition the court to modify the visitation order. This request must be supported by evidence the modification is in the child’s best interests, such as changes in the child’s needs, relocation, or alterations in the grandparents’ ability to provide care.

If one party believes the court’s decision was incorrect based on legal grounds, they may file an appeal. An appellate court reviews the original court’s application of the law, rather than the facts of the case. The appealing party must demonstrate a legal error occurred during the trial and could have affected the outcome. This process ensures the legal system has mechanisms for review and correction to align with the justice system’s standards and the prevailing laws regarding family and visitation rights.

Call 504-523-6496 or contact our expert team for a free consultation. 

In Louisiana, the courts often lean towards joint custody as the initial option in child custody cases. This approach supports the belief that maintaining a relationship with both parents is typically in the child’s best interest. Joint custody, however, doesn’t always mean equal time with each parent. It can refer to legal custody, which is the right to make important decisions about the child’s life, such as education, health, and religion. Physical custody, which is about where the child lives, can be shared or given primarily to one parent, depending on various factors. Remember, the court’s primary concern is always the child’s wellbeing.

The Best Interests of the Child: What Does It Really Mean

“The best interests of the child” is a phrase often heard in child custody battles, but what does it mean? Essentially, it’s a legal standard that guides courts in making decisions that uphold the child’s well being above all else. This could include physical safety, emotional health, and educational needs, among other factors. For example, a stable home environment and consistent daily routine may be considered in the child’s best interest. Courts also consider the child’s relationships with parents and siblings, the child’s personal preferences (depending on their age and maturity), and any history of family violence or substance abuse. The goal is always to foster a healthy, loving environment for the child.

Parenting Skills: Are You Equipped for Full-Time Custody?

In child custody cases, the court assesses each parent’s ability to meet the child’s needs, a factor often referred to as parenting skills. These skills go beyond basic care and include the capacity to provide a nurturing and supportive environment. The court looks at whether a parent is able to guide the child through life’s challenges, provide consistent discipline, and help with schoolwork, among other things. They also consider the parent’s ability to communicate effectively with the child and foster a positive relationship. A parent’s past involvement in the child’s life is often seen as a good indicator of future behavior. 

The Role of the Child’s Current Living Arrangements

When determining child custody, Louisiana courts place significant emphasis on maintaining stability in the child’s life. This often involves considering the child’s current living arrangements. Is the child accustomed to a certain school, neighborhood, or daily routine? Disrupting these elements could be detrimental to the child’s emotional wellbeing and development. The court will also look at the living conditions in each parent’s home. This can include the physical safety of the home, the presence of adequate sleeping arrangements, and the overall environment. If the court believes that changing the current living arrangements might cause unnecessary upheaval in the child’s life, they may be more inclined to keep things as they are.

Your Child’s Wishes: When and How Do They Matter?

In Louisiana, a child’s preferences in a custody dispute can carry weight, but how much influence they have depends on the child’s age and maturity. Generally, courts may consider the wishes of a child who is old enough to express an informed and reasonable preference. However, this doesn’t mean the child gets to decide. The court will still evaluate whether the child’s preference aligns with their best interests. For instance, a child may prefer one parent over the other due to lenient rules, but this might not serve the child’s overall wellbeing. Therefore, while a child’s wishes are considered, they are just one of many factors the court takes into account.

The Impact of Mental and Physical Health on Custody Decisions

When making custody decisions, Louisiana courts also take into account the mental and physical health of each parent. The court’s primary concern is the child’s wellbeing and safety. If one parent has a history of mental illness, substance abuse, or any condition that could potentially affect their ability to provide a stable and secure environment for the child, it may sway the court’s decision. Similarly, physical health plays a role in determining custody. A parent with a chronic illness or disability may need to demonstrate how they can effectively care for the child’s needs. The court carefully considers these factors to ensure the child’s overall welfare and stability in the custody arrangement.

The Importance of Parent-Child Relationship: A Key Factor in Custody Battles

The parent-child relationship plays a crucial role in child custody battles in Louisiana. Courts recognize the significance of fostering a healthy and meaningful bond between the child and each parent. Judges consider the level of involvement and emotional connection that each parent has with the child. Factors such as spending quality time together, participating in the child’s activities, and providing emotional support are taken into account. Courts typically prioritize arrangements that maintain and strengthen the parent-child relationship, as long as it is in the child’s best interests.

Dealing with Substance Abuse and Domestic Violence: How it Affects Custody

In child custody cases, Louisiana courts consider the presence of substance abuse or domestic violence issues very seriously. These factors significantly impact custody decisions. Courts prioritize the child’s safety and well-being above all else. If a parent has a history of substance abuse or has been involved in domestic violence incidents, the court may be hesitant to grant them custody or may require them to complete rehabilitation programs or counseling before considering custody arrangements. 

Geography and Its Impact: How Moving Can Influence Custody

Geography plays a significant role in child custody battles in Louisiana. When determining custody arrangements, courts consider the impact of moving on the child’s stability and continuity. If one parent plans to relocate to a distant location, it can disrupt the child’s routine, school attendance, and relationships with friends and extended family. The court evaluates the potential effects of the move on the child’s overall wellbeing. They may take into account the distance between the parents’ residences, transportation logistics, and the feasibility of maintaining consistent visitation schedules. In some cases, the court may need to modify custody arrangements or consider alternative solutions to ensure the child’s best interests are met when dealing with long-distance custody matters.

The Role of Parental Cooperation and Flexibility in Custody Cases

Parental cooperation and flexibility play a crucial role in child custody cases in Louisiana. Courts recognize the significance of parents working together in the best interests of their child. Demonstrating a willingness to collaborate, communicate effectively, and make joint decisions can positively influence custody outcomes. Being flexible with visitation schedules, accommodating changes when necessary, and fostering a positive co-parenting relationship can contribute to a stable and nurturing environment for the child. On the other hand, a lack of cooperation or an unwillingness to work together may raise concerns about the parent’s ability to prioritize the child’s needs. Courts value parents who demonstrate a genuine commitment to maintaining a healthy and cooperative approach in custody matters.

If you are dealing with a child custody case, call 504-523-6496 or contact our expert team for a free consultation. 

In a recent Fox News report, a woman shot three people, including the father of the child during a custody exchange. It is reported an argument erupted which turned physical when the mother pulled out a gun and shot at the three other adults. Such unfortunate occurrences confirm the need to include the courts in the child custody agreement. 

Custody disputes may arise due to various reasons such as marriage dissolution, guardianship, and paternity cases. Sometimes, one party involved in the child’s life may want to change the terms of a custody agreement. 

Types Of Child Custody

When parents decide to divorce or separate, they must resolve the issue of child custody and visitation arrangement. Fortunately, 90% of custody cases in the US are settled by parents, without a judge’s ruling. Custody matters determine who a child lives with most of the time (physical custody) and who makes decisions on issues that affect the child (legal custody). These major decisions include the child’s health care, education, religious upbringing, and daily concerns like dietary needs and social and school activities. 

The different custody arrangements refer to each parent’s decision-making authority regarding their child. Because the arrangements are tailored to the child’s best interests and needs, each custody agreement depends on the unique family requirements and circumstances. The forms of child custody arrangements are:

Joint Custody

Joint custody means that both parents spend equal time with the child and share decision-making power. This means that one parent cannot make a decision without the approval of the other. This arrangement works for highly cooperative parents who can jointly resolve matters about their child.

Sole Custody

In this arrangement, custody is granted to one parent, usually, one that lives with the child. Sole custody works better where one parent is best suited to make major decisions for the child. But this doesn’t necessarily prevent the other parent from having access to or visiting the child. Noncustodial parents with criminal records and a history of violence toward their child can be denied visitation rights or subject to supervised visitation.

Split Custody

Courts prefer to keep siblings together for comfort, stability, and support. However, in rare instances, the courts opt to split the siblings between the parents. As a result, each parent gets custody of one or some of the kids.  

Eligibility Of Child Custody in New Orleans

Besides parents, the law allows certain people with legitimate concerns about the welfare of a child to apply for custody. These non-parents include grandparents, stepparents, and other family members, especially those who have been in the child’s life.

There are also cases where agencies or other individuals have filed for custody of minors. They must prove that the child is in danger or the parents are unfit to properly care for the child.

Child Custody Filing Process in New Orleans

Usually, child custody and visitation agreements are voluntarily decided between the divorcing couple with the help of attorneys and mediators. But when they cannot agree on custody details, the court may intervene for the child’s best interests. 

The first step is to file for custody of the child. The parent alleges why they think they should have custody of the kids and not the other parent. 

Next, the parent who files for a petition or custody serves the petition to the other parent. 

The third step is for the receiving parent to answer the petition by opposing it or serving a countermotion. 

The parent who initiated the process receives the answer or countermotion, and the trial begins.  

A parent can try to work through this process without a lawyer. However, the legal process can be daunting, especially when the parent doesn’t know how the legal system works. This is why it is advisable to get a lawyer to help. 

Parents can also create their joint parenting plan and present it to the court. In most cases, the court will likely consider such an arrangement because it is something both parents find suitable. Still, courts rule based on the best interest of the child.

Tips On Gathering Evidence and Presenting Your Case in Court

Court appearances can be nerve-wracking, especially regarding the custody of a child. Parents should be as prepared as possible when determining a child’s future.  

When a parent feels that they are the best person to have full custody of their child, they should gather evidence to present to the court. Here are a few tips that increase your chances of winning a custody case in New Orleans.

• Keep a visitation log. As you prepare for the court case, keep an entry of all visitations to the child. Note the instance when visitation or a drop-off was late. It is also essential to keep a log of how much time the parent spends with the child. 
• Take pictures. Photographic evidence in court is crucial and can tip the case in favor of one parent. Instead of a parent telling the court about their good times with the kids, it is better to show pictures. Pictures are powerful in showing the bond between children and their parents. 
• Get witnesses. Parents can add weight to their evidence by getting people to testify in court. A witness who can give a firsthand account of how great a parent is may help to sway a judge’s decision in favor of the parent. Such witnesses can be family members, relatives, neighbors, or even teachers at school. 
• A parent can also approach an expert to be their witness in court. An expert such as a psychologist can explain the effects of letting a child stay with one parent instead of the other. If staying with a certain parent has a better impact on the child, then the judge will likely give that parent custody. 

Child custody cases are governed by complex laws and involve a lot of preparation and paperwork. Retaining an experienced family law attorney gives a parent in a custody dispute a better chance of getting a favorable outcome. If you are dealing with a child custody case, contact Stephenson, Chávarri & Dawson, LLC at 504-523-6496 or fill out our online contact form to request an initial consultation.

Last summer, new legislation was authored allowing pregnant mothers to collect child support while the child is still in her womb. Louisiana Representative Mike Johnson (R-LA) and North Dakota Senator Kevin Kramer (R-ND) introduced the bicameral bill (H.R. 8362), calling it the Unborn Child Support Act.

The legislation echoes already established laws, but it amends the previous verbiage to add the word “unborn” to children. It also includes rules on establishing child support eligibility and how to handle support that would begin within the first month of conception.

The text of the Unborn Child Support Act puts the responsibility of establishing child support payments solely on the court if the mother provides consent, and consent is not required if determining paternity presents any threat or danger to either mother or their unborn child.

The conservative lawmakers who authored the bill have made previous statements regarding life beginning at conception, and they are emphatic that passing this bill into federal law would solidify this sentiment.

Paternity Law in Louisiana

When an unwed mother gives birth, that child does not necessarily have a legal Father. A paternity action through the court is often needed to establish a father’s identity. Louisiana law’s current definition of paternity is simple. A father is determined by either biological results through scientific tests or by the act of being a father.

Paternity is often agreed upon by all parties, but occasionally, paternity is contested. When this happens, there are two ways to establish paternity, including:

1. The alleged father can acknowledge their paternity or parentage
2. A paternity proceeding through family court   

Paternity Proceedings are also relatively straightforward. These proceedings can be initiated by the mother, the child, the alleged Father, or the Child Support Division of the State to settle petitions and complaints. 

Paternity Tests in Louisiana

Most state courts can order paternity testing. Testing may be ordered for all the proceeding’s participants—father, mother, and child. Advancements in science have made paternity testing more accurate and reliable. Because there are more DNA test centers, testing is easier to conduct and more affordable. 

There are two types of tests that may be conducted:

1. DNA Genetic Identity tests 
2. Swab tests

To identify a father, the Louisiana courts need a DNA-based paternity test with at least a 99.9% probability. The test must have been created in an accepted DNA testing laboratory. These positive DNA tests create a legal determination known as a rebuttable presumption, which means the test results will be recognized as truth unless someone can offer enough evidence to disprove the court’s finding.

In most cases, fathers pay for a positive test, and mothers pay if the test returns negative. 

Who pays for the tests may be agreed to by the parties involved or the courts before the tests are administered.

Routinely, these proceedings lead to a resolution of disputes regarding custody and child support. If the parties can find common ground on custody, child support, and visitation, then sign an agreement addressing these issues, the court usually takes these documents into account while making a ruling. Paternity proceedings are often settled before a trial.

But paternity proceedings can get tricky. Often, attorneys represent all involved parties. This typically occurs when one or all the parties disagree on paternity, custody, and child support. They can differ on these issues individually, or they cannot be able to settle on an agreement regarding all three.

More often, custody goes to the mothers. However, depending on certain circumstances, fathers with proven parentage can also be awarded custody of the child. Agreements can be drawn up, signed by all parties, and approved by the court.   

Child Support in a paternity action is governed by the same rules seen in divorce proceedings. Fathers or mothers may be ordered to pay child support to the other. In a lot of cases, courts will award back child support or any child support dating to the child’s birth, or a designated number of years.

The issue of visitation is handled much like custody or child support. Often, the court respects and upholds visitation plans that are agreed upon and signed by all parties. But if an agreement cannot be reached, the parties can petition the court to request visitation rights.

Why Establishing Paternity is Important

If a child is born to a married couple, the typical presumption is that the husband is the child’s biological father or Putative Father. DNA Identity testing can overturn this presumption and lead to an Affidavit of Denial of Paternity where both parents agree the Husband is not the child’s father.

A negative DNA Identity test provided to the court can reverse the putative father designation. This would relieve the presumptive or alleged father from any custody or child support obligations.  

Just as important is establishing parentage and offering a child a full identity from both biological parents. It can also resolve questions children or parents may have about a child’s identity. Determining paternity can provide a full health history of both parents, giving complete information that may be needed when the child needs medical treatment.         

Children deserve to receive support from both parents. Even when emotional support cannot be guaranteed, a child should not be denied financial support or any benefits paternity might supply to dependents. These may include:

• Health insurance
• Inheritance
• Social security
• Veteran’s benefits.

Establishing paternity also allows the parents to seek various forms of public assistance if it is needed and they qualify. In addition, the child may get their father’s name listed on their birth certificate, or the child’s name may be changed on their birth certificate if the court orders that the document should reflect the changes.

A parent may petition to establish paternity before the child reaches Louisiana’s “Age of Majority,” which is 18 years old. A child can also file an action for paternity, and they have up to five years after they reach the age of majority to seek the establishment of paternity. According to the Supreme Court of the United States, it is unconstitutional to limit the rights of a child to file for paternity.

Contact Stephenson, Chávarri & Dawson, L.L.C. today, or call our law office at 504-523-6496.