Divorce Includes Child Custody Issues

custodyIf you are contemplating a divorce, child custody and child support are major considerations that the court of jurisdiction for the divorce proceedings will determine based on many factors. Generally the court attempts to reach a custody decision based on the “best interests of the child” with the goal for the least impact to the child. The Court considers the wishes of the parents, as well as the child, giving thought to the relationship with each parent. There are several types of custody that the court may consider based on the circumstances.

During the divorce or separation proceeding, the divorce attorney may petition for temporary custody  of the child to one parent. One parent may be given exclusive custody with all custody rights with the non-custodial parent given supervised visitation rights. Joint custody in which both parents share custody is the best possible scenario. When both parents demonstrate they can properly perform their duties as parents, joint custody is awarded. In the event, that the court gives exclusive child custody to one parent, the non-custodial parent usually has visitation rights. Prohibition on visitation must exist in the decree to deny a parent visitation rights.

Child support in Louisiana is complicated. The Income Shares Model is used in Louisiana to determine child support. The court determines the basic child support obligation from a schedule using the combined adjusted gross income of both parents and the number of children. A schedule of additional expenses may be added to the basic child support obligation such as medical expenses, tuition, child transportation, and special extracurricular activities. For more detailed information, click here.  This attorney is a proud member of the Louisiana State Bar Association.