Child Custody and Visitation in Louisiana

Child custody in Louisiana is based upon the best interest of the child. The law provides the judge with a list of factors to use in making or
modifying child custody. These factors are found in Civil Code Article 134 as follows:
Art. 134 Factors in determining child’s best interest
The court shall consider all relevant factors in determining the best interest of the child. Such factors may include:
(1) The love, affection, and other emotional ties between each party and the child.
(2) The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and
rearing of the child.
(3) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
(4) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
(5) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(6) The moral fitness of each party, insofar as it affects the welfare of the child.
(7) The mental and physical health of each party.
(8) The home, school, and community history of the child.
(9) The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
(10) The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
(11) The distance between the respective residences of the parties.
(12) The responsibility for the care and rearing of the child previously exercised by each party.
Art. 134 Factors in determining child’s best interestThe court shall consider all relevant factors in determining the best interest of the child. Such factors may include:(1) The love, affection, and other emotional ties between each party and the child.(2) The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.(3) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.(4) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.(5) The permanence, as a family unit, of the existing or proposed custodial home or homes.(6) The moral fitness of each party, insofar as it affects the welfare of the child.(7) The mental and physical health of each party.(8) The home, school, and community history of the child.(9) The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.(10) The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.(11) The distance between the respective residences of the parties.(12) The responsibility for the care and rearing of the child previously exercised by each party.
Joint legal custody is the preferred custody in Louisiana. Joint legal custody means that the parents
share in decision making regarding the child. It does not mean each parent has the same amount of time with the child.
Shared custody is the term used to mean each party has physical custody of the child for approximately the same amount of time, usually
on a week to week basis.