In a recent Fox News report, a woman shot three people, including the father of the child during a custody exchange. It is reported an argument erupted which turned physical when the mother pulled out a gun and shot at the three other adults. Such unfortunate occurrences confirm the need to include the courts in the child custody agreement.
Custody disputes may arise due to various reasons such as marriage dissolution, guardianship, and paternity cases. Sometimes, one party involved in the child’s life may want to change the terms of a custody agreement.
Types Of Child Custody
When parents decide to divorce or separate, they must resolve the issue of child custody and visitation arrangement. Fortunately, 90% of custody cases in the US are settled by parents, without a judge’s ruling. Custody matters determine who a child lives with most of the time (physical custody) and who makes decisions on issues that affect the child (legal custody). These major decisions include the child’s health care, education, religious upbringing, and daily concerns like dietary needs and social and school activities.
The different custody arrangements refer to each parent’s decision-making authority regarding their child. Because the arrangements are tailored to the child’s best interests and needs, each custody agreement depends on the unique family requirements and circumstances. The forms of child custody arrangements are:
Joint Custody
Joint custody means that both parents spend equal time with the child and share decision-making power. This means that one parent cannot make a decision without the approval of the other. This arrangement works for highly cooperative parents who can jointly resolve matters about their child.
Sole Custody
In this arrangement, custody is granted to one parent, usually, one that lives with the child. Sole custody works better where one parent is best suited to make major decisions for the child. But this doesn’t necessarily prevent the other parent from having access to or visiting the child. Noncustodial parents with criminal records and a history of violence toward their child can be denied visitation rights or subject to supervised visitation.
Split Custody
Courts prefer to keep siblings together for comfort, stability, and support. However, in rare instances, the courts opt to split the siblings between the parents. As a result, each parent gets custody of one or some of the kids.
Eligibility Of Child Custody in New Orleans
Besides parents, the law allows certain people with legitimate concerns about the welfare of a child to apply for custody. These non-parents include grandparents, stepparents, and other family members, especially those who have been in the child’s life.
There are also cases where agencies or other individuals have filed for custody of minors. They must prove that the child is in danger or the parents are unfit to properly care for the child.
Child Custody Filing Process in New Orleans
Usually, child custody and visitation agreements are voluntarily decided between the divorcing couple with the help of attorneys and mediators. But when they cannot agree on custody details, the court may intervene for the child’s best interests.
The first step is to file for custody of the child. The parent alleges why they think they should have custody of the kids and not the other parent.
Next, the parent who files for a petition or custody serves the petition to the other parent.
The third step is for the receiving parent to answer the petition by opposing it or serving a countermotion.
The parent who initiated the process receives the answer or countermotion, and the trial begins.
A parent can try to work through this process without a lawyer. However, the legal process can be daunting, especially when the parent doesn’t know how the legal system works. This is why it is advisable to get a lawyer to help.
Parents can also create their joint parenting plan and present it to the court. In most cases, the court will likely consider such an arrangement because it is something both parents find suitable. Still, courts rule based on the best interest of the child.
Tips On Gathering Evidence and Presenting Your Case in Court
Court appearances can be nerve-wracking, especially regarding the custody of a child. Parents should be as prepared as possible when determining a child’s future.
When a parent feels that they are the best person to have full custody of their child, they should gather evidence to present to the court. Here are a few tips that increase your chances of winning a custody case in New Orleans.
- Keep a visitation log. As you prepare for the court case, keep an entry of all visitations to the child. Note the instance when visitation or a drop-off was late. It is also essential to keep a log of how much time the parent spends with the child.
- Take pictures. Photographic evidence in court is crucial and can tip the case in favor of one parent. Instead of a parent telling the court about their good times with the kids, it is better to show pictures. Pictures are powerful in showing the bond between children and their parents.
- Get witnesses. Parents can add weight to their evidence by getting people to testify in court. A witness who can give a firsthand account of how great a parent is may help to sway a judge’s decision in favor of the parent. Such witnesses can be family members, relatives, neighbors, or even teachers at school.
- A parent can also approach an expert to be their witness in court. An expert such as a psychologist can explain the effects of letting a child stay with one parent instead of the other. If staying with a certain parent has a better impact on the child, then the judge will likely give that parent custody.
Child custody cases are governed by complex laws and involve a lot of preparation and paperwork. Retaining an experienced family law attorney gives a parent in a custody dispute a better chance of getting a favorable outcome. If you are dealing with a child custody case, contact Stephenson, Chávarri & Dawson, LLC at 504-523-6496 or fill out our online contact form to request an initial consultation.
