TYPES OF CUSTODY
When going through
divorce proceedings in Baton Rouge, if you and your ex-spouse have children, you
will have to agree on a plan for
child custody. If both of you cannot work out an amicable agreement amongst yourselves,
the court will make the decision for you. The four major types of child
custody in Louisiana are:
Sole custody - One parent has sole custody of the child. The other parent may have
visitation rights, but the custodial parent has the final say on most important decisions
regarding the child (an exception is
relocation, which usually requires consulting the non-custodial parent). Any parent
wishing to achieve sole custody must show by clear and convincing evidence
that sole custody will serve the best interest of the child.
Joint custody - Louisiana law provides that joint custody is strongly preferred. Typically
one parent is designated as the domiciliary parent. The domiciliary parent
has the authority to make all major decisions concerning the child, but
the non-domiciliary parent may ask the court to review these decisions.
If no domiciliary parent is designated, then both parents have equal decision-making
authority. The child may spend more time with one of the parents, but
neither parent is deprived of decision-making powers.
Split custody - An uncommon custody plan that places some of the children with one parent
and the remaining children with the other parent. Because the courts are
reluctant to separate siblings, this arrangement is rare in Louisiana.
Non-parental custody - Custody is granted to someone other than the natural parent of the child,
for example, a relative or close friend of the family. Normally this occurs
only when it is proven that neither of the parents is suitable to raise
If you have an experienced family law and divorce attorney standing by
you throughout the divorce process, you will have a better chance of getting
what you want for you and your children. Having a lawyer who knows about
the legal issues surrounding child custody will make is possible to bring
a more persuasive argument to the bargaining table and increase your chances
of winning the custody plan you want.
TRYING TO WORK OUT A CHILD CUSTODY PLAN
At The Layfield Law Firm, you will receive personalized handling of your
case. Beau Layfield has abundant experience in child custody problems.
When you come to The Layfield Law Firm you will work with Beau Layfield.
He does not push his work off on lower level associates. You will have
the advantage of Beau Layfield's successful experience and he will
carefully prepare your case to assure it will be resolved as efficiently
as possible. If your divorce is already finalized, but you are unhappy
with the child custody arrangement you were awarded, he may be able to
help negotiate a
modification that would allow more time with your child and give you more decision-making
authority. His goal is to help you get a child custody arrangement that
will make you and your child happy for the long-term.