Custody

The judge will award custody based on what they believe is in your child’s best interests.¹ To make this decision, the judge will consider all relevant factors, including but not limited to:

• the risk of your child being abused, which is the most important consideration for the judge;
• the love, affection, and other emotional ties between each parent and your child;
• each parent’s ability to support your child’s emotional, educational, and material needs;
• how long your child has lived in a stable home, and the importance of keeping them there;
• how stable the current or proposed custodial homes are;
• each parent’s “moral fitness” and how it affects your child’s well-being;
• any history either you or the other parent have with substance abuse, violence, or criminal activity;
• each parent’s mental and physical health; 
• your child’s home, school, and community history;
• your child’s reasonable opinion on where they should live, if the judge thinks they are old enough;
• the distance between your home and the other parent’s home;
• each parent’s past role and duties in caring for and raising your child; and
• how willing each parent is to support a strong and ongoing relationship between your child and the other parent, unless:
  • there is substantial evidence of specific abusive, reckless, or illegal behavior; and
  • the behavior causes you to have reasonable concerns for your child’s safety or well-being while in the care of the other parent.²

If you and the other parent agree on who should have custody, the court will honor your agreement unless:

• you or the other parent has committed family violence or domestic abuse; or
• a different custody arrangement is in your child’s best interests.³

If you and the other parent do not agree or if your agreement is not in your child’s best interests, the court will award joint custody unless:

• you or the other parent has committed family violence or domestic abuse; or
• there is strong evidence that granting custody to only one of you is better for your child.²

Note: If there is proof that the other parent has abused you, the fact that you suffer from the effects of the abuse cannot be grounds for denying you custody.⁴

¹ La. Civ. Code Art. 131
² La. Civ. Code Art. 134(A)
³ La. Civ. Code Art. 132
⁴ La. Civ. Code Art. 134(A)(9)