Louisiana Child Custody Laws

Louisiana, like all other states except Massachusetts, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which requires states to enforce child custody orders made by the child's home state to ensure consistency and prevent jurisdictional conflicts in custody battles.

This is a quick summary of state child custody laws in Louisiana.

Types of Custody in Louisiana

In Louisiana, custody arrangements can take several forms based on the best interests of the child. The primary types of custody include legal custody and physical custody. Legal custody refers to the right to make decisions about the child's upbringing, education, healthcare, and religious training. Physical custody involves where the child will live and the daily care they receive. In Louisiana, the parent with physical custody is often referred to as the domiciliary parent. The parent without physical custody is referred to as the non-custodial parent. Sole custody grants one parent exclusive custody of the child, including decision-making authority. Joint custody allows both parents to share custody of the child, including decision-making responsibilities and may involve shared physical and legal custody.

Louisiana family courts prioritize arrangements that ensure the child's well-being and stability. They consider factors like the child's age, relationship with each parent, and any history of abuse or neglect. Establishing a custody agreement is crucial in determining the rights and responsibilities of each parent regarding the custody of the child.

Child Custody Statutes in Louisiana

You can find additional details about Louisiana child custody laws in the chart below. See FindLaw's extensive Child Custody section for more articles and resources.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Louisiana Custody Hearings

If you and your ex are unable to agree on custody, a court may have to hold a custody hearing to decide on contested issues. In most cases, a judge will create an arrangement based on the child's best interests, as defined by Louisiana law. Louisiana family courts can consider any factor relevant to a child's best interests. They will generally give more weight to factors that ensure the child's safety and well-being. These factors include the child's relationship with any siblings, the need for consistency in their education, community, and family life, as well as the child's reasonable preference if the court deems them of sufficient age to express a preference.

During court hearings, Louisiana courts will assess the parents' abilities to care for the child's physical and emotional needs. Additionally, a judge can consider issues such as parental rights, moral fitness, substance abuse history, and any history of family violence or child abuse. This assessment can involve reviewing criminal charges and convictions, leading to court orders for supervised visitation or other measures that prioritize the welfare of the child within the framework of Louisiana custody law.

Get Legal Advice From a Family Law Attorney

Dealing with child custody issues can be legally and emotionally challenging. Seeking guidance from an attorney is necessary, as they can analyze your specific circumstances within the framework of Louisiana's laws. It's important to remember that the other party involved in the custody dispute will likely have legal representation. This makes it essential for you to have your own advocate to ensure your interests are protected.

Get started by speaking with a Louisiana child custody attorney today.