Louisiana Custody

Custody is determined according to what the judge considers to be in the child’s best interests.¹

If the parents agree who is to have custody, the court will award custody according to their agreement unless:

• one of the parents has committed family violence or domestic abuse; or
• the child’s best interests require a different custody arrangement.²

If the parents do not agree or if their agreement is not in the child’s best interests, the court will award custody to the parents jointly unless:

• one of the parents has committed family violence or domestic abuse; or
• there is strong evidence that custody to only one parent is better for the child in which case that parent will get custody.²

When making a decision about the child’s best interests, the judge will consider all relevant factors, including but not limited to:

• the potential for the child to be abused, which is the most important consideration for the judge;
• love, affection, and other emotional ties between each parent and the child;
• the ability of each parent to support the emotional, educational, and material needs of the child;
• the length of time the child has lived in a stable environment, and the desirability of staying within that environment;
• the stability of the existing or proposed custodial home(s);
• the moral fitness of each parent and how it affects the child’s well-being;
• any history of substance abuse, violence, or criminal activity of the parties;
• the mental and physical health of each party; however, evidence that an abused parent suffers from the effects of past abuse by the other parent is not a reason to deny that parent custody.
• the home, school, and community history of the child;
• the reasonable preference of the child, if the judge thinks the child is old enough to give a preference;
• the willingness of each parent to encourage a close and continuing relationship between the child and the other parent except when substantial evidence of specific abusive, reckless, or illegal behavior causes a parent to have reasonable concerns for the child’s safety or well-being while in the care of the other parent;
• the distance between the homes of the parents; and
• the previous role and responsibility of each parent regarding caring for and raising the child.³

If it is proven that one parent has abused the other, the fact that the abused parent suffers from the effects of the abuse cannot be grounds for denying that parent custody.⁴

¹ LA C.C. Art. 131
² LA C.C. Art. 132
³ LA C.C. Art. 134(A)
⁴ LA C.C. Art. 134(A)(9)