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concept of custody is generally composed of two sections -
legal custody and physical custody. Legal custody generally
refers to major decision-making authority and responsibility
for day-to-day activities. Physical custody generally relates
to the time the child spends with each party and is often
interchangeable with the concept of parenting time.
the decision regarding legal and physical custody is best
left to both parties to decide. In the event that both
parties cannot reach a decision, the court must decide
what is in the best interests of the children.
Court considers many factors in determining the best
interest of the minor children which are set forth in Louisiana
Civil Code Article 134.
the past, courts routinely gave mothers physical custody
and gave fathers visitation rights. Today, the courts have
begun to sometimes allow children to reside with the
father. In general, the courts favor joint ongoing
child-rearing responsibilities with the children. The
sharing of physical custody can take on an endless variety
of plans or schedules, depending upon the needs of the
children and/or parents. We can help parents to establish
child custody and visitation agreements that focus on the
interest of the children.
seeking an attorney to handle your divorce and child
custody case, you need someone who has not only
substantive knowledge of Louisiana family law, but also
sensitivity to guide you through the possibly difficult
is no issue in divorce that draws out more emotion than
child custody. Oftentimes psychological experts are
essential and a protracted court case may be inevitable
when one parent wants to battle a spouse using child
custody rights to injure the other.
the law firm of Prater Bailey & Associates, LLC we
pride ourselves on our legal skill, as well as, our
sensitivity to the needs of our clients and their
children. Whether you are seeking help reaching a mutual
agreement through the use of mediation, or you believe you
will need to take a case to court, we are experienced and
can help you develop a winning strategy for your family.
Contact our office to schedule an appointment to learn