As you and your spouse finalize the details of your divorce, you will both need to decide on which type of living arrangement is the best choice for your child. By setting aside your personal feelings, you and your spouse can settle on a custody arrangement that can help provide your child with the most ideal upbringing.
In this blog, we will discuss two essential factors about Louisiana’s child custody processes:
Can couples make their own custody arrangements?
In Louisiana, divorcing parents are encouraged to make their own settlement agreements outside of court through a third-party mediation. During this process, you and your spouse will both have equal opportunities to discuss the terms of your divorce, which includes important matters such as property division, alimony and child custody.
If your mediation session proves to be a success, your lawyers will collate all the agreed terms into a single document known as a marital settlement agreement. You will both sign this agreement and present it together in court.
However, if you and your spouse cannot agree on one or multiple issues, the court will take over your case to help resolve these issues.
How do courts determine the child’s best interests?
The court will assess 14 essential factors or legal standards that can help determine which type of custody and visitation arrangement can prioritize your child’s best interests. Five of these factors include:
- The home, school and community history of your child
- You and your spouse’s emotional ties with your child
- You and your spouse’s respective physical and mental health conditions
- You and your spouse’s respective financial capacities to provide for your child
- Any history of substance abuse or violence from either you or your spouse
The court will make a decision based on all relevant factors that can help provide your child with the best possible upbringing.
For your child, you can do anything
While ending your marriage may be a challenging experience to go through, you and your spouse must still try to work on your differences and collaborate on a custody and visitation arrangement that can help provide your child with a stable environment, post-divorce.
With this in place, you can both move on with your personal lives while remaining equally active parents in your child’s life.