Child,Custody,after,Divorce,Lo law Child Custody after a Divorce
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In Louisiana, family courts turn to the Louisiana Civil Code whendetermining questions of child custody. Specifically, they often look to Article 134. This article lays out a variety of differentfactors for a court to evaluate in the context of a particular custody disputefollowing a divorce. The subject of thisessay is factor number (5), which states that a court should look at thepermanence, as a family unit, of the existing or proposed custodial home orhomes.The spirit of this factor is in keeping with much of Louisianafamily law; namely, that the family is an important social unit which should bepreserved at all possible costs. Generally,a Louisiana family court will place a child where there is a more stable familylife than where there is not.For example, lets say we have two parents: Dave and Cindy. Dave and Cindy have one child, Tyler. Five years after Tyler is born, Dave andCindy get a divorce. Subsequently, theyend up in a custody battle over the child. Both feel that they would be the best custodial parent. However, following the divorce Dave and Cindy have led verydifferent lives. Dave already has a newgirlfriend. He also has two childrenfrom a previous marriage, who Tyler has grown up with. Dave, his other two children, and hisgirlfriend (who Dave just proposed to), and a dog named Scruffy all livetogether in a big house in a very nice neighborhood. It is the same neighborhood Tyler has livedhis whole life, and he was supposed to start kindergarten there this year.Cindy on the other hand is living a very different lifestyle. She is significantly younger than Dave is,and since their divorce she has let out her wild side. She lives in a one bedroom apartment in thecity. She does not see herself gettingmarried again for a long time. In fact,she is considering taking a job offer that she just got which will send heracross the country. In the above two living situations, it is probably easy to tellwhich parent can provide Tyler with a more permanent and family-likehome. That is not to say that Cindy hasno chance at being named the custodial parent. But in a court analysis done under factor (5) of Article 134, herchances are not very good. Clearly, hercommitment to a permanent home life is not one of her top priorities at thistime. A court might interpret that tomean that Tyler would be a better fit at Daves house.Many times these situationsare not as lopsided as the above example. It is probably more likely that the parents can offer substantiallysimilar custodial homes for the child after divorce. Thats why the family courts in Louisianadont need to consider every factor under Article 134. If the two parents are relatively even in onecategory, then the courts will look to other factors in determining thecustodial arrangement.This article is written with the sole intentionof providing information. It is notlegal advice. Will Beaumont practiceslaw in Metairie and New Orleans.
Child,Custody,after,Divorce,Lo