Child Custody / Child Support Issues in New Orleans
Thank you for visiting My New Orleans Family Law Attorney. We are attorneys that focus on children’s matters, such as Child Custody and Child Support issues. Additionally, you can visit our “Why hire us” page to see what separates us from the other Family Law attorneys in and around New Orleans.
At the Family Law Offices of “insert attorney name” in New Orleans our goal is to negotiate and mediate for your children’s rights. We will work to protect them because we are compassionate when it comes to their security and their needs. Call us for an appointment so you can get on with your life with your children.
Child Custody and Support Overview
- In New Orleans, the best interest of the children is the most important priority of the court.
- A plan agreed upon between the two parents is preferred to a court-ordered plan. The plan must include:
- The children’s primary home
- Communication plan between the children and parents – visits, telephone calls
- Amount of child support
- If parents cannot come to an agreement regarding their children, the court can send them to mediation.
- The court can appoint an attorney to act as a guardian ad litem to the children to protect their rights.
- The court can also order custody evaluations to investigate the parents, etc.
- Most judges will not award Sole Custody.
- Louisiana law requires a child to live in the state for 6 months before the court can have legal jurisdiction over the child.
- Grandparents can be given visitation rights if it is in the best interest of the children.
Court’s Determination of Custody
- The court determines custody by looking at the best interests of the children.
- Factors include (based on Louisiana Civil Code: Articles 132 and 134):
- How much love and affection can each parent give?
- The emotional ties between the children and the parents.
- The capability of each parent to provide food, medical care, clothing, etc.
- How long have the children lived in their present home – a stable environment?
- The health of each parent, both physically and mentally.
- Etc.
New Orleans Child Custody
- The courts usually award joint custody to both parents and make one parent the primary custodial parent – the children live with that parent.
- The parents must agree to a joint custody plan and submit it to the court.
- The other parent will receive reasonable visitation rights.
- Every other weekend
- Holidays are alternated each year
- 6 weeks during summer vacation
- Custody modifications can be made if sufficient prove of change in circumstances is made.
- Stipulated Custody Order
- Parents have consented to a custody arrangement – no evidence of parental fitness is presented to the court
- Considered Decree
- Custody award that includes evidence of parental fitness
- No Custody Awarded
- The parent will be awarded visitation rights
Violation of Custody or Visitation Order
- Being a few minutes late to pick up your child will most probably have no consequences.
- Being late on returning the child is a different matter.
- However, criminal intent to withhold the child must be proven before law enforcement will step in.
- Courts frown upon violations of its orders and can change a custody or visitation schedule.
Visitation Rights (Parenting Time)
- The non-custodial parent is entitled to visitation rights with his or her children.
- Alternating weekends
- Holidays
- Time during summer vacation
- Birthdays
- Mother’s Day / Father’s Day
New Orleans Child Support
- Children should not have to do without because their parents are divorced.
- Both parents are responsible for the well being and support of their children.
- Child support is not for the custodial parent, it is for the benefit of the children.
- In order for child support to be modified, you must prove that circumstances have changed considerably.
- Louisiana Child Support Guidelines, in effect since the 1980’s, determine the amount of child support to be paid. Taken into consideration:
- The gross income of the parent who will pay
- Number of children
- Standard of living of both parents
- Time spent with children
Conclusion
Do not take chances with your future or your children’s future. Working out details not only prevents hardships for you and your children, but it also saves you money. Your children are our #1 priority and we will fight to protect them. Call us at the Family Law Offices of “insert attorney name” in New Orleans because we care about you.
