Types of Child Custody in Louisiana

Child Custody in Louisiana

Breaking Down Custody Arrangements for Parents

Child custody in Louisiana can feel overwhelming, especially when emotions are high and the legal system seems complicated. At Moisant Law Firm, we understand that your child’s well-being is your top priority. Whether you are facing a custody battle, modifying an existing agreement, or just trying to understand your rights, we are here to guide you every step of the way.

Legal Custody

Legal custody refers to the authority to make major decisions about the child’s upbringing, including education, healthcare, and religious practices. Legal custody can be:

• Sole Legal Custody – One parent has full decision-making authority.

• Joint Legal Custody – Both parents share decision-making responsibilities, though one parent may be designated as the domiciliary parent.

Physical Custody

Physical custody determines where the child primarily lives and who is responsible for their daily care. It can be structured in different ways:

• Sole Physical Custody – The child lives with one parent, while the other may have visitation rights.

• Joint Physical Custody – The child spends time with both parents, though not necessarily equally.

• Shared Physical Custody – The child spends equal or nearly equal time with both parents.

Other Custody Arrangements

Some situations require different custody arrangements:

Split Custody

If there are multiple children, split custody may be an option where each parent has sole custody of at least one child. However, Louisiana courts generally prefer to keep siblings together.

Third-Party Custody

If neither parent is fit to care for the child, a third party—such as a grandparent or close relative—may be awarded custody. This is only granted when it is proven to be in the child’s best interest.

Joint Custody & the Role of the Domiciliary Parent

When joint custody is awarded, Louisiana law requires one parent to be designated as the domiciliary parent. This parent serves as the child's primary caretaker and has the authority to make major decisions regarding the child’s well-being. However, the other parent has the right to challenge decisions in court if necessary.

A Joint Custody Implementation Plan must be submitted to the court, outlining:

• Where the child will live most of the time

• A parenting schedule for visitation

• How major decisions will be made

• Child support obligations

• Communication guidelines between parents

How Louisiana Courts Determine Custody

When parents agree on a custody arrangement, the court will typically approve it as long as it serves the child’s best interests. If parents cannot agree, the court will decide based on factors such as:

• The emotional bond between the child and each parent

• Each parent’s ability to provide a stable home

• The child’s preference (if they are old enough)

• Each parent’s willingness to support the child’s relationship with the other parent

• Any history of domestic violence, substance abuse, or neglect

• The physical and mental health of both parents

  
  

Let’s Find the Right Custody Plan for You

Every family is different, and every custody case requires a personalized approach. At Moisant Law Firm, we help parents create fair and practical custody arrangements that protect their parental rights and serve their child’s best interests.

If you need a child custody attorney in Metairie, Jefferson Parish, or the surrounding areas, call 504-317-1685  or fill out our online contact form to schedule a consultation. Let’s work together to secure the best future for your child.