What type of custody plan is right for you?

If you are going through a divorce and you have minor children, you are going to have to come up with a custody plan. This is […] The post What type of custody plan is right for you? appeared first on Hillman Law Firm.

If you are going through a divorce and you have minor children, you are going to have to come up with a custody plan. This is not always easy and can become one of the most contested aspects of a divorce. So, what are the types of custody situations in Louisiana and which one is right for your family?

  Louisiana child custody laws are based on the “best interests of the child.” In applying the standard, a Louisiana court considers many such factors as the physical and mental health of the parents, which parent historically has been the primary caretaker of a child, and the residential status of the parents.

There are several different custody arrangements that the courts will consider:

Joint custody –  This is the most preferred custody arrangement because it allows both parents to have decision-making powers over the child.  Typically, one parent is designated as the domiciliary parent, this parent makes the final decision when parents can’t agree but this can be reviewed by a court if requested.  If no domiciliary parent is designated, then both parents have equal decision-making authority. The children may spend more physical time with one of the parents, but neither parent is deprived of decision-making powers and a visitation schedule is established.

Joint/Shared custody – This type of custody arrangement is becoming more prevalent in Louisiana as courts are moving in the direction of recognizing equal parenting rights and providing as much parenting time to each party as possible. In a joint/shared custody arrangement, both parents have equal 50/50 amounts of time with the children. Again, the parties may or may not vest one of the parents with the right to make final decisions regarding school, health and other decisions or the parents may agree to a parenting plan specifying who makes certain decisions.

Split custody – A joint custody plan that places some of the children primarily with one parent and the remaining children with the other parent.  The children are “split “between households with the parent who is the primary caregiver usually being designated as the domiciliary parent.  A visitation schedule can also be implemented.

Sole custody – One parent has sole custody of the child and sole responsibility and ability to make all decisions regarding the child. This is not a common form of custody and is used mostly in extreme cases.  The other parent may or may not have visitation rights.  A parent wishing to achieve sole custody must show by clear and convincing evidence that sole custody will serve the best interest of the child.

Non-parental custody – If neither parent is deemed fit to care for the child this type of custody may be established. Custody is given to someone other than a parent, usually a relative or close friend of the family. Parents may or may not be granted visitation rights depending upon the situation.

If both parents can reach an agreement regarding custody, the court will likely approve their proposed arrangement as long as it serves the child’s best interests. It is important to discuss what is the right plan for you with your attorney and to have an idea of the custody plan that you want for your family going forward. Contact me and set up a consultation to learn more.

Disclaimer:  The information contained in this article is for general information purposes only. Nothing in this article is or should be considered legal advice. The information in this article is not intended to create an attorney-client relationship, and viewing or receipt of information from this article does not create an attorney-client relationship.

The post What type of custody plan is right for you? appeared first on Hillman Law Firm.