Guidelines and Laws About Louisiana Child Custody and Visitation Schedules

The Louisiana Civil Code (one part of the entire Louisiana Code) contains the laws and statutes about child custody. These articles have important information that governs how a custody and visitation schedule should be made. A mother and father should investigate these laws while making their schedule so they can be assured it will be accepted by the court. The statutes also have helpful suggestions for making a schedule that is in the best interest of the child.

To begin with, parents must know that Louisiana has a preference for a joint custody schedule. This is found in Article 132 of the Civil Code. The joint schedule doesn't mean that each parent has exactly fifty percent of the time with the child, rather it means that each parent is expected to be involved and active in the child's life. If the mother and father can work together on a visitation schedule, the court will accept it after it is submitted jointly. If the parents are not able to agree, the court will award a joint custody arrangement. The parents will need to work this out. If either parent feels like joint custody is not in the child's best interest, they must explain this to the court and the judge will decide something else.

The law makes it very clear that the custody schedule should provide for and fulfill the needs of the child. While making the schedule, the mother and father should ponder deeply about how to best help their child. Each parent should be given enough time with the child so that they can continue to develop a meaningful relationship. The court will never make any decision that isn't with the child's welfare in mind. When determining what type of visitation schedule is best for the child, the judge will consider the relationship between the child and each of the parents; the child's adjustment to home, school, and community; the ability of each parent to provide for the physical needs of the child; the ability of each parent to provide for the emotional needs of the child; the permanence of the custodial home; the stability of the child's home life; the reasonable preference of the child; etc. The parents should consider all of these things while making the custody and visitation schedule.

Guidelines and Laws About Louisiana Child Custody and Visitation Schedules

Guidelines and Laws About Louisiana Child Custody and Visitation Schedules
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Discover how Custody X Change can help you create the best Louisiana visitation schedule for your situation, and get the help you need to make your Louisiana custody schedule.

Child Visitation Rights - How Adultery Affects Child Custody

Adultery is by far the most adversarial type of divorce case. Divorce proceedings involving adultery are, as a general rule, very stressful for both spouses.

There are many reasons why people engage in adultery. Anyone can feel insecure, lonely and in need of validation at any time, even within a long and stable relationship. Individuals and relationships go through many different stages. The needs of the spouses can change over time, because of age, background, personality traits and emotional needs. In most adultery cases, the cheating spouse is not seeking a divorce. Generally, they are not thinking that he or she might end up losing close contact with their children.

Not every adultery situation ends in a divorce. But when it does and minor children are involved, then the behavior of the unfaithful spouse can have a negative effect on his or her custody and visitation rights. This is particularly true if that same parent devoted more time to his or her extramarital relationship than to his or her own children.

Child Visitation Rights - How Adultery Affects Child Custody

In a divorce, proceeding adultery can provoke very strong animosities between the two parties. The innocent partner might want to punish the cheating spouse by not allowing him or her to relate to their children. If you are granted custody of your children and your unfaithful ex-spouse was granted visitation rights, the last thing you want to do is to interfere with those rights. Keep in mind that even when engaging in adultery, a parent can still be a great parent. Not only that, but also keep in mind that the visitation order is a mandate of the court that you must observe. If you fail to comply with a court order you might be found in contempt. In some states, being found in contempt of court may mean jail time.

Therefore, no matter how much you hate your ex-spouse, do not interfere with the visitation schedule approved by the court. This can result in you losing custody of your children, having them taken away from you, and/or spending time in jail.

Child Visitation Rights - How Adultery Affects Child Custody
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Learn the facts about child visitation rights and find out custody information that can help your situation.

Custody and Visitation Schedules - Guidelines and Laws in New York

The state of New York takes domestic relations issues very seriously. Chapter 14 of the New York Consolidated Laws contains the crucial laws that govern domestic issues. Under this umbrella of laws, the state has included necessary guidelines and rules about child custody. These are the laws that govern how a mother and father should make their custody and visitation schedule, and also how that schedule is accepted and enforced by the court. It is absolutely necessary that a parent involved in a custody situation learn these laws and be familiar with them. Here is an overview of the rules that impact the custody and visitation schedule.

The Social Services Law in the New York Family Code specifies that the mother and father have an equal right to custody of the children. Neither parent is given a preference because of their gender, nor is either parent denied custody because of their gender. New York gives parents an option to have joint custody if that is in the best interest of the child. Joint custody means that each parent has substantial time with the children, but it doesn't mean that the parents have exactly equal time with the children. The mother and father also share legal responsibility of the children in joint custody.

The Social Services Law is very pertinent to parents who are setting up their custody and visitation schedule. The base of this schedule is the division of custody. Parents should select the custodial parent based on what is best for the child. If both parents want to be involved, joint custody may be the right option for them.

Custody and Visitation Schedules - Guidelines and Laws in New York

Chapter 14 gives the state of New York authority over child custody matters. This means that the state court can determine the custody and visitation schedule along with other custody arrangements. It is best if the parents can work together to make a schedule and submit it together to the court. However, if that isn't a possibility, this law gives the power to a judge to make the final decision. Each parent will have the opportunity to present a proposed schedule to the court and explain why it is in the child's best interest.

The state has specified that the judge must make any child custody decision with the child's best welfare in mind. Some of the factors the judge will consider when determining what is in the child's best interest are: the parenting skills of each parent, the role each parent played before the separation, the preference of the child, the relationship between the child and parents and siblings, if there has been a history of domestic violence, if the parents are able to get along, etc.

Once the judge has made a decision about the custody and visitation schedule, it becomes a legal document and is valid under New York law. This means that the parents must follow the terms and conditions in the schedule. Failure to do so can result in being held in contempt of court.

Custody and Visitation Schedules - Guidelines and Laws in New York
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Discover how Custody X Change can help you create the best New York visitation schedule for your situation, and get the help you need to make your New York custody schedule.

Child Custody - Visitation Rights of Fathers

Of all the issues addressed during a divorce, nothing is more important and more emotional than establishing parents' visitation schedules and rights. Fair or not, mothers are often granted more share time with their children after a divorce. With such broad control of their children's activities and plans, it is no wonder that many fathers feel as if their hands are tied when it comes to enforcing their visitation rights.

It is unreasonable for either parent to expect the other to adhere to strict time requirements of visitation terms each and every time; one must allow for things such as illness, taking a nap, etc. However, if the mother's level of control of the children extends unreasonably, so as to interfere with pre-determined visitation schedule, then the father's visitation rights may have been violated. In the best interest of the children's welfare, it is of the utmost importance that all parties fully understand and adhere to the visitation rights, as outlined in your divorce decree.

Child Custody

The divorce decree and parenting agreement outlines in detail the father's visitation rights, and these provisions are the most important things to consider. Fathers have the right to visit their children during the appointed hours, as set forth in the visitation order. Fathers also have the right to plan and schedule activities during this allotted time. Additionally, and perhaps more importantly, fathers have the right to be free from their ex-wife's demands, or threats to retain custody during that time. Fathers' rights also include getting an injunction to stop the mother from moving and taking the children without proper notice, or moving out-of-state with the children. Fathers may also alert the proper authorities if the mother's behaviors are interfering with his visitation time. The father may also ask the court to rule on issues not established in the original divorce decree.

Child Custody - Visitation Rights of Fathers

Although visitation rights are important for fathers to know, it is equally important for fathers to know what they do not have the right to do. Fathers do not have the right to withhold child support payments if he feels his visitation rights have been violated. Visitation and child support are two separate legal matters. Divorce judges frown upon parents using money as leverage for visitation. Fathers do not have the right to verbally abuse the mother in an attempt to enforce his visitation rights with his children. On the contrary, fathers should exhibit maturity and good judgment, as to maintain his credibility with the court. This is especially important should he decide to expand or modify his visitation rights.

Child Custody - Visitation Rights of Fathers

Get the facts about your child visitation rights and find out how Custody X Change can help your child custody case.

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Child Custody - Strategies to Get Your Visitation Order Revised

 Once child custody orders are adopted there is often a clause that states something about a significant change of circumstances must take place in order for either party to bring a motion to change the order. This language exists to keep the parties from filing frivolously just because they don't like the order. But the truth is that anyone can file a motion at any time.

Some of the reasons that parents might want to change the order are:

Child Custody

 Change to living arrangements  Change of job  Child's grades  Child's age  Child's health

Child Custody - Strategies to Get Your Visitation Order Revised

Most people worry that once there is a child custody order in place that some drastic must happen to file to change it. The reality is that the changes may be subtle and take time. One very clear example of that is the child's age. When a child is an infant his mother may breast feed him. It makes sense that the mother would have primary custody (notice I didn't use sole custody) and the vast majority of the visitation time as fathers cannot breast feed. However, as the child grows older and is weaned from mothers' breast a father that has been active and wants more time can petition the court to change the visitation citing the maturation of the child leading to less dependence on the mother. The significant change in this case is the dependence level of the child on the mother.

Other changes could be a parent who moves a significant distance away. This may require that the visitation be adjusted to find a more suitable balance in visitation versus commute time. But of course the biggest issue is the child's safety. If some circumstance has changed that has increased the child's level of danger, like a parent becoming involved with a convicted child molester. This is a scenario that requires that documentation be submitted to the court. Since many jurisdictions have their criminal cases available online, it can be very easy to look up someone's history. Make sure you get a copy of the final disposition of the criminal case to present in court in support of your case.

As you can see there are a number of issues that can be considered significant enough to ask for a revision of the visitation order. Don't let your child and yourself get locked into a bad situation because you didn't think you could change the order. Look for what has changed and how a specific change can make it better for your child.

Child Custody - Strategies to Get Your Visitation Order Revised

Ed knows first hand how difficult child custody battles can be and the emotional toll they can take on both parents and children. He has created a forum at http://www.child-custody-forum.com where parents can go to share their experiences, ask advice, and look for support.

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