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Under state law, both mothers and fathers are treated equally during child custody cases, so if it is within the childs best interest to primarily reside with the father, that is the custody agreement the judge orders.
If you are married and there has never been a court order on custody, then it is not a crime for the other parent to take your child from your home. It is not kidnapping under the law. But you can still try to get your child back. You can ask the Probate and Family Court for a custody order.
According to family law, the mother automatically gains custody of the child if she is unwed to the father. There is no need for unwed mothers to take legal actions to fight for the childs custodial rights, even the decision to determine the fathers role in their childs life.
No. If parents can agree, and their agreement is in the best interest of the child, the Court can accept it. The law does not allow such an agreement when there has been a history of family violence. Otherwise, the law favors joint custody, unless it is not 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.
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Exercise your parental rights. Show that you are willing to cooperate. Take advantage of an in-home custody evaluation. Put your best (parenting) foot forward. Team up with an experienced Louisiana child custody lawyer. Take control of your child custody case with Betsy A.
Once paternity is established, if there is no court order relating to custody, both unmarried parents of a child have co-equal rights and responsibilities regarding the child.
Unmarried Fathers and Child Custody 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. At the core of custody issues is the matter of paternity.
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.
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.

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