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What factors determine child custody?

When you and your spouse file for divorce in Louisiana, it may be difficult to determine who receives custody of the children. It is crucial that you make decisions based upon the best interests of your children. However, there are several factors that a judge may take into consideration when determine who receives primary custody of the kids.

According to Louisiana State Legislature, the court will make decisions in an attempt to better the child’s situation. The judge will often look at the emotional bond that the child has developed with each parent. Which parent has the child spent the majority of time with? Was either parent a stay-at-home mother or father while their spouse went to work? It is also important to look at the love, affection, spiritual guidance and education the child would receive if he or she lived with either parent. Which parent would be able to provide the healthiest living environment that would foster the child’s emotional, physical and intellectual development? The community, church and school all play a key component in a child’s life and structure.

The judge presiding over the case may also consider the age, emotional well-being and physical health of the mother and father. Often times, relocating the child and changing schools is necessary. However, the courts often try to avoid uprooting children in the midst of divorce, and try to keep them in the most stable environment possible.

This information is intended to educate and should not be taken as legal advice. 

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