In Louisiana, the family court system is a matter of serious concern for children. It may be obvious to the reader that placing a child in a loving home, caring and supportive is very vital to the development of this child. If the couple, divorce lawyer or any other lawyer should take custody arrangements that benefit all parties involved, but more importantly, children. If they can not reach a decision, it will be left to the courts to make a decision.
There are some different sources of authority that divorce lawyers can consult with regarding the issue of child custody. Among the most comprehensive sources is article 1334 of the Louisiana Civil Status Act. Article 134 contains twelve different factors to be considered by the Court. All twelve deals directly with the well-being of the present and future child as it relates to the future home of this child. All 12 factors are common in that they share one goal, one characteristic: "best interests of the child" are a major concern.
Some factors deal with the social and pedagogical history of the child. These special factors may be more important if the child or children have reached consciousness. Nothing can be more harmful than raising the child from the life he lived in the first ten or seventeen years of his life. If a small or pre-teen is difficult for a child, planting a teenager will be harder. There are two sub-sections of Article 134 that address this issue directly, numbers (8) and (9). Section 8 of the Court provides that the Court shall consider "the history of the child, school and society in the child", while section 9 effectively instructs the court to ask the child what he prefers.
Of course, there are other considerations for divorce lawyers as well. One of the most obvious is the relative fitness of each parent to perform their duties as a mother or father. Sub-sections 1, 2, 3, 6, 7, and 12 deal with these types of analyzes. Parents are ordered to consider the moral fitness of parents, the ability of parents to provide food and material needs of children, the emotional relationship between a parent and their children, mental or physical illness that parents may greatly jeopardize the ability of the parent, also call to examine the history of parenting parenting.
Finally, some articles of article 134 deal with intangible matters such as the stability and consistency of family life with each parent, as well as the cohesion of family life where the child can be placed. The best interests of the child are often presented by seeing them in an environment that promotes family-like values and situational outcomes.
Divorce or court lawyers may consider all these twelve factors, along with mitigating circumstances such as the date of abuse by a parent, as well as the willingness of the relevant parents to encourage their children to remain in contact with the other parent.
Beaumont will practice the law in New Orleans. The above is just information and not legal advice.