Child Custody
Established in Metairie more than a decade ago, our southeast Louisiana family law firm has helped thousands of individuals find innovative and effective solutions for their legal matters, often involving child custody and other divorce agreements.
Child Custody Laws in Louisiana
Determining a child custody agreement is often one of the most contentious steps in the divorce process. At the law office of Betsy A. Fischer, LLC, we understand how important it is for you to maintain that special relationship you have with your child. We are determined to help you do so by assertively protecting your parental rights and obtaining a fair and fulfilling agreement.
We assist clients with child custody throughout Louisiana including Metairie, New Orleans, Kenner, Gretna, Mandeville, Covington, Abita Springs, Slidell, Chalmette, Harvey, Destrehan, Luling, St. Rose, Jefferson Parish, Orleans Parish, St. Tammany Parish, St. Charles Parish, St. Bernard Parish St. John the Baptist Parish.
Helping You Maintain A Relationship With Your Child
Led by Betsy A. Fischer, our Metairie child custody attorney will help you understand your rights as a parent or grandparent when it comes to New Orleans, Louisiana custody agreements, including the different types of custody you may be awarded such as:
- Domiciliary custody: A child lives with the domiciliary parent. This type of custody gives you the responsibility for making day-to-day decisions about your child. Day-to-day decisions include what the children eat and wear, who they play with and when they go to bed.
- Joint custody: Joint custody is given to both parents. This type of custody gives both parents the right to make important decisions affecting their child’s welfare. Decisions may include the children’s education, religion and nonemergency medical care.
- Sole custody: This type of custody is only given to one parent. Instead of both parents making important decisions, one parent is designated as the decision maker for important life factors such as education, religion and medical care.
- Shared custody: In a shared custody agreement, both parents share responsibilities typically in a 50/50 split. Those responsibilities include living arrangements (domiciliary custody), as well as day-to-day and important decisions.
Recognized author on the subject of child custody in Louisiana
Attorney Betsy A. Fischer is the author of one of the leading books on the subject of Louisiana divorce and custody laws. Her book Divorce in Louisiana, The Legal Process, Your Rights and What to Expect, (Addicus Books, Omaha) takes readers through a series of questions and answers that explain the process for determining custody and parenting rights for mothers and fathers.
When making the decision as to whom to award what type of custody in a child custody case, the Louisiana family court takes several factors into consideration. They include the relationship between the child and the parent, which parent has historically taken care of the child, the parents’ physical and mental health and a parent’s ability to provide for and guide the child.
Our experienced custody rights lawyer will work with you to learn about your circumstances and help you build a compelling case supported by facts about your relationship with your child. This may include building a journal of your everyday life through photos, videos, witness testimony, etc.
Helping You With Your Child Custody Modification
In addition to providing competent representation in your child custody case, Betsy A. Fischer, LLC, can also help you with your custody modifications, as well as holding delinquent parties in contempt. Contact us today for more information.
Child Relocation
Many parents do not understand their legal rights or duties when it comes to child relocation disputes. Usually, one parent wishes to move to a faraway location with the child. To do this, the parent is required to get the permission of the court. Family law firm Betsy A. Fischer, LLC in Metairie, LA represents both parents who move as well as the parents who do not.
Our firm is experienced with the high-stress emergency orders often involved in these cases. We also have experience in taking these cases to trial. We even have experience in trials in which one parent has been denied permission to move, and then moved anyway. Betsy A. Fischer has seen a wide variety of cases when it comes to parental relocation disputes. She can provide you with the benefit of that experience when it comes to understanding your best legal options in your own matter.
Child Relocation Attorney in Louisiana
Attorney Betsy A. Fischer has been helping families in Metairie, New Orleans and surrounding areas manage their most difficult situations for more than 20 years. In assisting clients with respect to their child relocation matters, our firm always remembers that legal advice is only good if it takes into consideration the specific needs and circumstances of each unique client. For this reason, our firm places a heavy emphasis on getting to know our clients’ individual legal goals. We make it our goal to provide compassionate legal services to our clients during a difficult time in their families’ histories.
Custody Mediation
Louisiana Child Custody Mediation Lawyer
Increasingly, divorcing or separating couples are turning to more collaborative solutions to child custody. Mediation is a common — and sometimes mandatory — step toward reaching a workable custody arrangement.
Mediation can help avoid the delay and expense of a lengthy court battle. With the assistance of a knowledgeable third-party neutral, many couples are able to agree on win-win resolutions that are tailored to fit their family’s needs. Many also find it empowering to work through their own custody decisions rather than leave those important decisions in the hands of a stranger.
By offering a collaborative, give-and-take process for resolving differences, and by promoting open communication, mediation sets a positive tone for a successful co-parenting experience down the road.
Mediation Services Rooted In Experience
At the law office of Betsy A. Fischer, LLC, we offer mediation services for child custody and other family law matters. Our lawyer is a qualified domestic and juvenile mediator who also appears on the mediation registry for the Louisiana State Bar.
Clients benefit from our attorney’s in-depth knowledge of Louisiana child custody law. We offer a well-rounded perspective based on the invaluable ability to view cases from many angles. Our lawyer and mediator draws on more than 20 years of experience in family law as well as extensive training in mediation.
What’s more, we also understand the real-world implications of proposed custody arrangements. We offer insight into the pros and cons of various custody options. We can alert parents to the practical realities of custody arrangements and provide solution-oriented guidance.
Contact Our Metairie Attorney
To learn more about our family law mediation services, please contact our office in Metairie, Louisiana, at 504-780-8232. We look forward to hearing from you.
Louisiana Child Custody
If you are considering divorce, your children’s welfare is probably your primary worry and concern. An experienced child custody attorney in Louisiana can help. You and your spouse may have even known this day has been coming for years, but you stayed together because of the kids. Now that the time is here, what issues will you need to address?
It is best to remember something that your kids know instinctively: You were a good and loving parent before the divorce; you will be a good and loving parent afterward. Yes, your time with them may change, but your love for them — and theirs for you — won’t. Many people find they can be better, more attentive parents after the divorce, because the distraction of a failing marriage is no longer a major part of their lives.
“You have been making wise and loving decisions for your children since they were born. You’ve always done your best to see that they had everything they really needed. You loved them and protected them. This won’t change because you are going through your divorce. You were a good parent before the divorce and you will be a good parent after the divorce.” Excerpt from Divorce in Louisiana, The Legal Process, Your Rights, and What To Expect.
In Louisiana, Custody Does Not Mean Ownership
Louisiana family law judges do everything they can to protect the child’s best interests and well-being throughout the divorce process and in the final custody and parenting plan. In Louisiana, judges award either joint custody or sole custody as part of the final divorce judgment. Joint custody does not necessarily mean splitting living arrangements of the child 50-50. Shared custody splits the child’s living arrangements between the parents; however, judges are increasingly frowning on making the child move back and forth between parents’ homes if the parents live too far apart.
Joint custody simply means that both parents must be involved in joint decisions regarding matters such as health care, education and social activities. Sole custody means that the custodial parent may make decisions alone, but it does not mean there will be no parenting time awarded to the other parent. Awarding custody to one parent does not mean control over the parenting schedule. In fact, even if child support payments are late, the custodial parent may not legally withhold parenting time from the noncustodial parent.
Joint custody obligates the parents to exchange information concerning the health, education and welfare of the children and speak with the other parent in making decisions. If you and the other parent are unable to reach agreement, you may need to return to mediation or to court for the decision to be made.*
Joint legal custody works when there is:
- Effective and open communication between the parents concerning the child and a strong desire on the part of both parents to continue to co-parent together
- A history of active involvement of both parents in the child’s life as well as similar parenting values held by both parents
- A willingness on the part of both parents to place the child’s needs before their own
- A willingness on the part of both parents to be flexible and compromising about making decisions concerning the child
What Judges Consider
During the discovery phase of the divorce process, experts in the field of child welfare and child psychology may be called upon to provide testimony and evidence regarding the parents’ fitness to retain custody over the children.
The judge reviews the depositions and documents and makes a custody ruling based on factors such as:
- The home environment: Does the child feel secure and well-cared for in a clean and healthy living space?
- Emotional ties to a particular parent: Has the child developed an unusually strong bond and feeling of security with one specific parent?
- Age and sex of the child: Is it most appropriate for the child to remain with either parent because of the child’s age or sex?
- Health of the parents: Is one parent experiencing physical or mental health issues that may impact the ability to be an effective parent?
- Moral fitness: Does either parent engage in activities that may negatively influence the child’s moral character?
- The child’s preference: If the child is a young teenager and demonstrates the judgment and character to make a decision, the judge may grant the child’s desire to be awarded to a particular parent.
- These are just some of the considerations judges in Louisiana must weigh when making a custody decision.
Remember, a parent who is not granted custody does not lose visitation rights (parenting time), except under circumstances that make it unsafe for the child. Even then, special arrangements for supervised visitation may be available.
If You Have Questions, Call The Right Lawyer Now
Learn more about Louisiana child custody and visitation rights. Schedule a consultation with attorney Betsy A. Fischer. Call 504-780-8232 or contact the law offices in Metairie, Louisiana, by email.
*Excerpted from Child Custody chapter, Divorce in Louisiana, The Legal Process, Your Rights, and What To Expect
Louisiana Joint vs. Shared Custody
Custody Determinations for Children in a Divorce
Following a divorce or separation, co-parenting with your ex can be a challenging prospect. Striking a fair balance between your ability and willingness to care for minor children and your ex’s desire to do the same sometimes requires outside-the-box solutions. Ultimately, the best interests of your children will take top priority.
Various child custody arrangements can help you remain involved in your children’s lives while taking into account practical and logistical considerations. Many parents aim for shared or joint custody. Each potential custody arrangement involves its own unique set of legal challenges, and it is important to work with an attorney to find out which arrangement is best for your situation.
Louisiana Child Custody Laws: An Overview
Louisiana child custody laws encourage co-parents to create their own custody agreements. They can then submit their proposal to the court for approval, which, if granted, essentially transforms their private agreement into an enforceable (but modifiable) court order. Most of the time, the court will approve any reasonable custody agreement that is in the best interest of the child.
Louisiana child custody laws require that this plan designates an agreement regarding the residence of the child, where holidays, birthdays, and other special occasions are spent, rights to access and communication with the child, child support amounts, and any other relevant details.
If the parents cannot come to an agreement, the court will decide the arrangement based on a number of factors, which help to determine the “best interest of the child.” This is an important legal term in Louisiana, and has been defined in the Civil Code of Louisiana to include:
- The love, affection, and other emotional ties between each party and the child
- The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child
- The capacity and disposition of each party to provide the child with food, clothing, medical care, and other needs
- The length of time the child has lived in a stable, adequate home environment and the desirability of maintaining continuity of that environment
- The permanence, as a family unit, of the existing or proposed custodial home(s)
- The moral fitness of each party, insofar as it affects the welfare of the child
- The mental and physical health of each party
- The home, school, and community history of the child
- The reasonable preference of the child, if the court deems the child to be old enough to express a preference
- The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party
- The distance between the respective residences of the parties
- The responsibility for the care and rearing of the child previously exercised by each party
Proving the “best interest of the child” under the Louisiana best interest considerations requires a searching look into the family life and parenting decisions of a divorcing couple. This can be an unpleasant experience stacked on top of the upheavals already occurring in the lives of the co-parents. Therefore, working with an attorney who can make the best legal argument to support your desired parenting arrangement is critical during this time.
Legal Custody vs. Physical Custody
Louisiana child custody laws allow for custody decisions regarding both physical and legal types of custody. A co-parent with physical custody acts as the primary residence for the child and handles the day-to-day care of the child. A co-parent with legal custody handles all of the important decision-making for the child; this would include decisions regarding education, religion, health issues, and so on. Co-parents generally divide both legal and physical aspects of custody under one of the types of custody arrangements available in Louisiana.
Shared Custody: Equal Time, Equal Authority
In a shared custody arrangement, both parents spend equal time with the children, and both have equal parenting responsibilities and legal authority. This arrangement typically requires a high level of cooperation between co-parents. You must be able to work together with your ex to communicate well and accommodate your children’s needs.
From a practical standpoint, shared custody also requires that both parents live in relatively close proximity to each other. The children cannot realistically spend equal time with both parents if you live hours apart.
Joint Custody: Equal Authority, Unequal Time
Joint custody is similar to shared custody in that both parents have equal legal authority regarding major decisions in the children’s lives. However, unlike shared custody, both parents do not have equal physical custody, or time with the children. Instead, you will work out a schedule that best suits the children’s needs.
Joint custody still provides both parents with the opportunity for frequent and consistent interaction with the children. However, it is not a 50-50 arrangement.
Split Custody with More Than One Child
A split custody order relates to families that have more than one child, and where each parent is the sole custodial or domiciliary parent of at least one child that they both have. Child support may or may not be owed in split custody situations.
Sole Custody: A Rare Outcome
Louisiana child custody laws also allow for sole custody of the child if the situation is appropriate. Sole custody can also be applied to either physical or legal custody, or both. In most cases where one co-parent has sole legal custody of the child, the non-custodial co-parent will be given visitation rights if it is in the child’s best interest. Louisiana child custody laws may also award visitation rights to other family members or third-party individuals, like grandparents, if the court determines that it is in the best interest of the child. The court will consider a number of factors when determining visitation rights including the following:
- The preference of the child based on their age and maturity level
- The length and quality of the relationship between the child and the individual seeking visitation
- How the individual seeking custody can provide for the child in a way that the co-parent cannot
It should be noted that it is extremely rare for courts to award sole legal and sole physical custody to one parent, unless the judge finds that the other parent is unfit. Reasons for finding one parent unfit can include a history of violence or substance abuse, or specific instances of child abuse or neglect — emotionally, physically, sexually, or mentally.
Despite only having limited, usually supervised visitation rights, the non-custodial parent is still obligated to pay child support and typically retains the right to have access to the child’s school, medical, and dental records.
Custody Arrangements Can Be Changed
Parents do have the right to seek modification of the custody arrangement under Louisiana law. This is much more easily accomplished if the parents, rather than the court, present the initial custody arrangement by way of mutual agreement. A custody arrangement set up this way only requires demonstration of a “change in circumstances” to seek modification.
However, if the parents could not agree, and the court determines the custody order, then the parent seeking the modification must prove that a change in custody would be in the child’s best interest. They must prove that to continue custody under the present arrangement would be so harmful to the child that the harm caused by a change would be outweighed by the advantages to the child over the current situation.
Modifying a court ordered custody arrangement is very difficult. Parents should keep this in mind when establishing their original custody arrangement and go to any length to avoid compromising it.
Which is Right for You?
Both shared and joint custody offer certain advantages and disadvantages. At the law firm of Betsy A. Fischer, LLC, we can assist you in pursuing a custody arrangement that fits your family’s needs. We understand how to strategically approach important custody issues. Drawing on more than 20 years of family law experience, we will work diligently to guide you through the process toward a workable solution.
Serving New Orleans, Metairie and surrounding parishes – Contact Us Today
To discuss your matter with an experienced attorney serving Metairie and all surrounding areas, please call our firm at 504-780-8232. You can also make an appointment for an entirely confidential initial consultation at a reduced rate with attorney Betsy Fischer by contacting the firm online.