In Need of Child Custody Lawyers in Lafayette, Louisiana?
At Southern Oaks Law Firm, our Lafayette child custody lawyer knows that whether you are divorcing after ten years of marriage, dissolving a relationship that includes shared children, or if you are going your separate ways after recently adopting or having a baby through a surrogate, your children are the priority from this point forward.
Unfortunately, while your heart, mind, and resources are all in the right place, child custody matters are still a stressful and emotional experience that can cause anyone to feel overwhelmed, scared, and confused.
We can help.
Our team shares some of our clients’ personal experiences, including those of an unmarried dad navigating and enforcing child custody rights, a married father solidifying the well-being of a blended family, and a mother that has been through the divorce process. These real-life experiences allow us to directly connect with our clients to provide compassionate client service and tailored solutions meant to secure a fresh start for their future.
Our family lawyers will listen to each detail of your story, and actually hear you, because we are you. We understand the physical, emotional, and financial impact child custody matters have on your personal and professional life because we have been there too.
Our Lafayette Parish child custody attorneys provide customized legal solutions for Louisiana residents, regardless of their age, race, nationality, religion, gender, gender identity, or sexual orientation.
We produce real results for real people, no matter their family law journeys, because every step you take from this point forward matters. And because it matters to you, it matters to us.
Contact us today to learn more.
What are the Different Types of Child Custody in Louisiana?
If you have never had to consider which parent was going to have custody of your shared children until now, chances are the fear of the unknown has caused more anxiety and stress than you feel like you can bear.
That is why we are here.
Our mission is to facilitate fresh starts for our clients, by providing them with the education, support, and guidance they need to resolve child custody issues and move forward with their lives in a healthier and happier way.
That begins with understanding how our Louisiana family laws align with their goals.
First, it is important to understand “custody” is usually broken down into two components: i) legal custody, and ii) physical custody or visitation.
What is the Difference Between Legal Child Custody and Physical Child Custody in Louisiana?
Legal custody in Louisiana refers to the right or authority to make decisions concerning your child’s health, education, and welfare. Legal custody will be awarded jointly to both parents, or solely to one parent.
Louisiana law has a strong preference in favor of joint custody, meaning that sole custody is only awarded in the most extreme cases.
In Louisiana, joint custody means that decision making authority is shared. Parents are obligated to exchange information concerning the health, education, and welfare of the child, and to consult with each other when making decisions.
Typically, one parent is named the “domiciliary parent” and any major decisions they make are presumed to be in the child’s best interest. However, the other parent may ask the court to weigh in and make a determination on that issue if they disagree with the decision made by the domiciliary parent.
Joint custody does not necessarily mean that time is shared equally, although that may be the case depending on your family’s particular circumstances.
With sole custody, decision making authority is given to one parent only, with no obligation to exchange information or confer with the other. Again, sole custody is rarely awarded, as it requires proof by “clear and convincing” evidence that it is in the best interest of the child.
Physical custody or visitation in Louisiana refers to how the child’s time will be divided between the parents.
If joint custody is awarded, physical custodial periods will be allocated so that the child is assured frequent and continuing contact with both parents. What that looks like is unique to each case; however, Louisiana law provides that, to the extent feasible and in the best interest of the child, physical custody should be shared equally.
If sole custody is awarded to one parent only, the other parent is entitled to reasonable visitation rights unless the court finds that visitation would not be in the best interest of the child.
Whether you are getting a divorce that requires establishing child custody and child support, or you need to establish custody for a child born outside of marriage, we understand the challenges you face, and we’re committed to helping you navigate through these difficult times with confidence, dignity, and grace. Contact our Lafayette child custody lawyers for help today.
Together, we can turn your family law matter into a positive experience and facilitate a fresh start for you and your family.
At Southern Oaks Law Firm, Our Lafayette Family Law Lawyer Also Focuses On The Following Practice Areas:
How Does the Louisiana Family Court Determine the Best Interest of the Child?
The paramount consideration in any child custody determination, i.e., in the initial setting of custody or actions to change custody, is the best interest of the child. When determining the best interest of the child, the court will consider all relevant factors, including but not limited to:
- The potential for the child to be abused.
- The relationships between the parents and the child.
- The willingness and ability of the parents to provide the child with love, affection, education, and guidance.
- The willingness and ability of each parent to provide the child medical care and material needs.
- The child’s home environment with each parent.
- The parents’ mental and physical health.
- The child’s home, school, and community background.
- The child’s preference if of sufficient age and maturity.
- The extent to which each parent will foster a close and continuing relationship between the child and the other parent.
- The distance between the parents’ homes.
- Prior care giving responsibilities.
This list is illustrative and is used as a guide for child custody determinations. The best interest analysis is intricate, complex, and difficult to apply. It requires a fact-intensive examination that weighs and balances the different factors listed above, based on the evidence presented.
Our skilled Lafayette family law attorney will be able to discern the specific factors relevant to your case and discuss how they may apply. At Southern Oaks Law Firm, our child custody attorney in Lafayette takes the time to fully understand the facts of your case and work with you to obtain the best possible result under the law and in accordance with the best interest of your child or children. Contact us today to learn more.
Can Louisiana Child Custody Arrangements Be Changed?
Louisiana custody laws allow parents to seek modifications to their child custody arrangementsAs both parents move forward, down their separate paths, things change and their original custodial arrangement may need to modified to preserve and promote the best interests of the children.
The ease with which custody can be modified depends on how the initial arrangement came about. If the parties came to an agreement on their own, either one can request a modification if there has been a material change in circumstances.
However, if the judge was forced to decide your initial custodial arrangement, it is more difficult to change. In that case, the party seeking a modification carries a heavy burden that requires more than just a change in circumstances.
Our Lafayette parish child custody attorney helps parents get it right the first time, so their original custody arrangement is not compromised later. However, when there is a need for change, we strongly advocate for our client’s right to pursue the best outcome for their kids.
We achieve our clients’ legal objectives through open and honest communication, individual case planning and preparation, and systems designed to produce consistent, quality results for you and your family. We believe positive outcomes come from partnerships based on trust, loyalty, respect, and determination — not combative, unproductive talks with the other party that prolongs the process.
We have successfully managed hundreds of family law cases. Because of that, we know that no two families are alike, nor do they have the same family law needs. Although we may not all look alike, we understand that partnering with the right Louisiana family lawyer is an important decision that will help shape your future. How can we help you move forward with confidence?
Best Interest of the Child
The paramount consideration in any child custody determination, i.e., in the initial setting of custody or actions to change custody, is the best interest of the child. When determining the best interest of the child, the court will consider all relevant factors, including but not limited to:
- The potential for the child to be abused.
- The relationships between the parents and the child.
- The willingness and ability of the parents to provide the child with love, affection, education, and guidance.
- The willingness and ability of each parent to provide the child medical care and material needs.
- The child’s home environment with each parent.
- The parents’ mental and physical health.
- The child’s home, school, and community background.
- The child’s preference if of sufficient age and maturity.
- The extent to which each parent will foster a close and continuing relationship between the child and the other parent.
- The distance between the parents’ homes.
- Prior caregiving responsibilities.
This list is illustrative and is used as a guide for child custody determinations. The best interest analysis is intricate, complex, and difficult to apply. It requires a fact-intensive examination that weighs and balances the different factors listed above, based on the evidence presented.
An experienced family law practitioner will be able to discern the specific factors relevant to your case and discuss how they may apply. At Southern Oaks Law Firm, we take the time to fully understand the facts of your case and work with you to obtain the best possible result under the law and in accordance with the best interest of your child or children.
Contact Our Experienced Child Custody Attorneys in Lafayette, Louisiana Today
At Southern Oaks Law Firm, our forward-thinking family lawyers and support staff know where you are in life right now is hard. No matter who you are or what your legal journey entails, we are here to help you pursue a positive outcome for you and your family. We take a sincere approach to helping our clients move forward as smoothly as possible with sustainable legal solutions that fit their unique needs.
Contact our child custody attorneys in Lafayette, Louisiana today by calling 337-704-7255 or online to discuss your legal journey with someone who cares about your future.
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