Shared custody and joint custody are generally preferable to an exclusive custody agreement. Louisiana recognizes the importance of children spending time with both parents. In fact, Louisiana law repeatedly refers to frequent and ongoing contact with both parents. Unfortunately, this is not always the best thing for a single child. Shared custody can be unusual. These are different childcare arrangements for individual children in a family. One parent may have custody of a child for a different period of time than the other. For example, a father may have custody of a son, while a mother may have custody of a daughter. Joint, shared and shared custody describes the different ways to divide custody. Physical custody and decision-making power differ between different types of custody. The differences are described below. For many reasons, a 50/50 distribution of physical custody is not always possible. If this is not the case, the child must have close, frequent and continuous contact with both parents.
The first distinction we must make is the difference between legal custody and physical custody. Although they are not mutually exclusive, they are two different types of custody. Just because a parent receives custody of a child does not automatically mean that they automatically get custody of the child, and vice versa. Sole custody is usually a rare result in custody cases, as it is usually not the best situation for the child. It is reserved for the worst prison conditions. Each state`s custody laws are generally similar. Louisiana, like most states, passed the Uniform Child Custody Act. Louisiana`s custody laws recognize joint custody as an option for separated parents, as well as grandparents` access rights, and courts will generally consider a child`s wishes before issuing custody orders.
Sections 132 and 134 of the Louisiana Civil Code state: “The court shall jointly award custody to the parents, unless it is demonstrated by clear and convincing evidence that custody of one of the parents would be in the best interests of the child. If the parents agree on custody, the court will generally respect their agreement, unless it is not in the best interests of the child. “Joint, shared and shared custody generally refers to agreements between parents. Sole custody refers to situations where one parent receives custody while the other parent has limited rights. Guardianship takes into account the custody of a child, including foster care and institutionalization. Custody issues can be legally and emotionally challenging. You may find it helpful to speak to a lawyer who can apply your unique situation to Louisiana laws – after all, the other party will likely have legal counsel as well. Start by talking to a duty attorney in Louisiana today.
Louisiana`s custody laws give you control of your own case In an exclusive custody agreement, a parent receives primary custody of the child. That parent would have sole custody of the child. That parent would not be required to exchange information about the child with the other parent or to consult the other parent in the exercise of his or her decision-making power. Under a joint custody agreement, the parents would have this obligation. In shared custody, parents share custody equally. The Court of Justice may divide the power of decision in a decision. In some cases, parents may agree to make all the important decisions together. In the event of divorce, Louisiana protects the best interests of the child. Louisiana`s family courts have jurisdiction over matters of child custody, alimony, and access. Unless it is not in the best interests of the child, Louisiana courts grant custody based on the wishes of the parents. Outgoing parents create a parenting plan for the courts to review. The court intervenes if the parents cannot agree on a parental regime for the benefit of the child.
The types of child care in Louisiana are as follows: Louisiana`s custody laws may be similar to those of other U.S. states, but this is not always the case. It`s always a good idea to save time and money by refreshing custody laws in your state. All custody laws in Louisiana will affect your case in one way or another. Do your own research and talk to a Louisiana family law expert to better prepare for the way forward. Joint custody is similar to shared custody in that both parents have the same legal authority with respect to important decisions in children`s lives. However, unlike shared custody, both parents do not have the same custody or the same time with the children. .
