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Louisiana, like most states, has adopted the Uniform Child Custody Act. Louisiana child custody laws recognize joint custody as an option for separated parents, as well as grandparents visitation rights, and courts will generally consider a childs own wishes before issuing custody orders.
If parents are unmarried at the time of their childs birth, the mother is presumed to have custody. However, by completing the paternity form, the father can ask the court for visitation rights and share in custody arrangements.
It is presumed that joint custody between both parents is in the best interest of the child. But a court can award sole custody to one parent if it is shown by clear and convincing evidence that sole custody in that parent is in the best interest of the child.
Sole custody means one parent gets all, or almost all, physical custody. The other parent is only allowed to have periods of visitation, and those are sometimes supervised. The sole custodian parent also gets all authority to make decisions. The non-custodial parent is still obligated to pay child support.
Prepare Child Custody Petition You can find a Louisiana child custody form online or contact the court and see if they will supply you with one. You will have to allege in your petition the reasons why you should be named domiciliary parent over your spouse. Then you will have them served with the petition.
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Unmarried Fathers and Child Custody For married couples, parenting rights are equal and immediate at the time of birth. For unmarried parents, all rights belong to the mother. Unmarried fathers have no legal rights to custody or visitation.
For married couples, parenting rights are equal and immediate at the time of birth. For unmarried parents, all rights belong to the mother. Unmarried fathers have no legal rights to custody or visitation. Fighting for the right to see your child is possible with the help of a Louisiana lawyer.
A fee of $25 is generally required for filing either a custody or visitation petition in court. There may be an additional fee for serving the other parent with the custody papers, which is usually done by a sheriff, third party, or process server.
Louisiana law states that a child has a right to time with both parents, so if the court awards one parent primary physical custody, the judge will order visitation for the noncustodial parent. (La. Civ. Code Ann.
A father may receive sole custody in cases where the mother is unfit or unable to provide a safe and caring home for the child. Both parents are evaluated equally in the courts to determine a custody situation that will be best for the childs physical and mental wellbeing.

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