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The 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.

  • Ultimately 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. 

  • The Court considers many factors in determining the best interest of the minor children which are set forth in Louisiana Civil Code Article 134.

  • In 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.

  • When 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 times ahead.

  • There 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.

  • At 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 more.


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