Custody After a Split

Custody is awarded in the child's best interest. If the parents agree, the court follows the agreement unless the child's interest requires otherwise. Without agreement, custody goes to the parents jointly, unless sole custody in one parent is shown by clear and convincing evidence to serve the child's best interest.

• §La. C.C. art. 131StatuteCourt to determine custodyOpens legis.la.gov ↗
• §La. C.C. art. 132StatuteAward of custody to parentsOpens legis.la.gov ↗

• The potential for the child to be abused, which is the primary consideration.
• Each parent's emotional ties with the child, and capacity to provide love, guidance, food, clothing and medical care.
• Stability, the child's home and school history, and the distance between the homes.
• Each parent's history of substance abuse, violence or crime, and willingness to support the child's relationship with the other parent.
• The child's reasonable preference, if old enough to express one.

• §La. C.C. art. 134StatuteFactors in determining child's best interestOpens legis.la.gov ↗

A parent without custody is entitled to reasonable visitation unless the court finds after a hearing that it is not in the child's best interest. An abused parent's suffering from past abuse is not grounds to deny that parent custody.

• §La. C.C. art. 136StatuteAward of visitation rightsOpens legis.la.gov ↗
• §La. C.C. art. 134StatuteFactors in determining child's best interestOpens legis.la.gov ↗