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How are best interests determined with child custody?

On Behalf of | Jan 16, 2025 | Family Law

Divorce is difficult for everyone involved, but it is especially challenging when children are caught in the middle. In Louisiana, there are laws in place to protect kids and make sure their needs are met. While parents might get caught up in their own objectives, it is critical to keep the child’s best interests in mind.

Best interests are the foundation for how the court decides where the child should live and how a visitation schedule is organized. From the start of the case, the parents need to understand the law and what factors the court will weigh when it makes its decision.

The child’s well-being is paramount

Regardless of what the parents want, the children are the court’s priority. First and foremost, the court will look at the potential for abuse. A child who was in a household where abuse was inflicted on them is unlikely to be allowed to live with the abusive parent. If a parent protected the child from abuse, they are generally viewed as the better option.

Children need to be given love and care. The emotional ties a child has with a parent will be assessed. A child who is attached to one parent more than the other could be placed with that parent. This is not because the other parent is not suitable to be the custodial parent. The child’s needs take precedence.

The basic needs are a key part of the decision. That includes having education, medical care, proper clothing, food, extracurricular activities, and a healthy social life. Some parents are better than others at giving the child what they need in this context. The environment is also crucial. A child who has been living in a stable and nurturing environment for a certain amount of time and has been doing well will be positively viewed by the court and they will want to continue that trajectory.

Some parents have had personal issues in the past. Perhaps they dealt with or are still dealing with drug or alcohol problems. Of course, the court will think about this when it decides where the child will live and under what conditions the noncustodial parent will see the child. Children are not ignored if they have a preference as to which parent they will live with. The court will weigh their statement depending on their maturity, age and ability to decide on their own.

The parents will need to put their differences aside no matter how the marriage ended and focus on the child’s needs. Not all parents have a contentious relationship, but some do. It is vital for them to think about the child and not their lingering resentments. Also, the court will want to know how far apart the parents plan to live and how it impacts the child and visitation.

Parents should focus on the child and be aware of the custody criteria

It is essential for the parents to make sure not to let their situation hinder the child as the case proceeds. Part of that is understanding the law and how the child’s best interests are viewed by the court. This is true in every case, but it is particularly true in situations where the child might be at risk. With these issues, it is imperative to be protected and try to find a workable solution. Having professional advice from those experienced in family law can help.

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