I am looking to get sole custody of my child; is this possible?
In Louisiana, sole custody is difficult to win because it is viewed as an extreme measure that should only be granted in cases where there is a clear risk of harm or danger to the child. The Louisiana Civil Code specifically states that joint custody is preferred unless it would not be in the best interest of the child.
When determining custody arrangements, Louisiana courts are required to consider a variety of factors, including the age and health of the child, the emotional ties between the child and each parent, the ability of each parent to provide for the child's needs, and any history of abuse or neglect.
Sole custody can be granted in cases where one parent has a history of abuse or neglect, substance abuse problems, or a mental health condition that makes them unable to care for the child. However, the court must be convinced that awarding sole custody is necessary to protect the best interest of the child.
In general, Louisiana courts prefer to award joint custody so that both parents can have a role in making important decisions related to the child's upbringing. Joint custody can also be beneficial for the child, as it allows them to maintain a meaningful relationship with both parents.
Overall, sole custody is only granted in Louisiana when there is clear evidence that it is necessary to protect the best interests of the child, which is why it can be difficult to win. Moreover, it is crucial for parents going through a custody dispute to work with an experienced family law attorney who can help them navigate the legal system and advocate for their rights and the best interests of their child.
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