Child Custody, Parenting Plans, And Visitation

There are two types of custody in Louisiana: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child's upbringing, such as education, healthcare, and religious upbringing. Physical custody refers to the right to have the child live with you and be responsible for their day-to-day care.

In most cases, Louisiana courts encourage joint custody arrangements, where both parents share legal and physical custody of the child. However, if the court determines that joint custody is not in the child's best interests, it may award sole custody to one parent.

Legal and physical custody can be joint, shared, split, or sole custody. Joint, shared and split custody usually refer to the arrangements between parents. Sole custody refers to situations where one parent gets custody, while the other parent has limited rights. 

Joint, shared, and split custody describes the different ways to divide custody. Physical custody and decision-making authority differ between each type of custody.

Joint Custody

In a joint custody arrangement, both parents are awarded legal custody of their child but not equal physical custody. Essentially, both parents have the rights and responsibilities of joint custodians (responsibility to confer, right to visitation, etc.) but they do not equally share the physical custody of the child.  Depending on the schedules of the child and their parents, or the locations of the parents’ homes, equally shared physical custody may not always be feasible.  In these circumstances, unless agreed to by the parties, a domiciliary parent will be designated.  

Shared Custody

In a shared custody arrangement, both parents are awarded legal custody of the child and share equally in the physical custody of the child.  This means that the child will spend equal time living with each parent. Both parents have the rights and responsibilities of joint custodians (responsibility to confer, right to visitation, etc.) and their circumstances are such that shared (50/50) physical custody of the child is feasible and in the best interest of the child.  Also in these circumstances, unless agreed to by the parties, a domiciliary parent will be designated.  

Split Custody

Split custody can be unusual. It involves different custody arrangements for individual children in a family. One parent may have physical custody of one child for a different amount of time than the other. For example, a dad may have domiciliary custody of a son, while a mom has domiciliary custody of a daughter.

Or, one parent may have full decision-making authority related to one child. These cases usually involve special circumstances. One parent may have better skills to manage the needs of a child with a disability, for example.

Sole Custody

In a sole custody arrangement, one parent gets primary physical custody of the child. This parent would have the sole legal custody of the child. This parent would not have an obligation to exchange information with the other parent regarding the child or to confer with the other parent in exercising his or her decision-making authority.

Sole custody can only be awarded if agreed upon by the parties or if custody to one parent is shown by clear and convincing evidence to serve the best interest of the child. 

In regards to physical custody, when one parent wins sole custody, the other parent may or may not have visitation rights. This depends on the best interests of the child. 

Child custody is determined based on the best interests of the child. The courts consider various relevant factors such as the child's age, health, emotional ties with each parent, and the willingness of each parent to provide a stable and safe home. 

If the parents agree on who is to have custody, the court will award custody according to their agreement unless: 

• One of the parents has committed family violence or domestic abuse 

• The child's best interests require a different custody arrangement 

The parents may ask the court for a consent judgment regarding their custody arrangement. 

If parents cannot agree on reasonable custody and parenting arrangements that meet the child's best interest, a court will decide. The court will award custody to the parents jointly unless: 

• One of the parents has committed family violence or domestic abuse 

• There is strong evidence that custody to only one parent is better for the child in which case that parent will get custody. 

Louisiana law encourages joint custody, but the court may award sole custody to one parent if it is deemed to be in the best interests of the child. 

Learn more about the best interest of the child here. 

When a court decides that joint custody will be in the best interests of the child, one of the parents will be the domiciliary parent. Louisiana law defines the domiciliary parent as "the parent with whom the child shall primarily reside..." 

In most cases, the Court will choose a "domiciliary" parent. The domiciliary parent has the duty to discuss decisions with the other parent. If the parents do not agree, the domiciliary parent's decision is presumed to be in the child's best interest.

If the non-domiciliary parent disagrees with a major decision, that parent can ask the Court to review it. Some examples of major decisions may include changing schools, major medical care, or religious instruction.

In most cases where one co-parent has sole legal custody of the child, the non-custodial parent will be given visitation rights if it is in the child's best interest. Louisiana child custody laws may also award visitation rights to other family members or third-party individuals if the court determines that it is in the best interest of the child. There are different types of visitation arrangements, depending on the custody arrangement and the needs of the child and their parents. Here are some of the common types of visitation: 

1. Scheduled visitation: This is the most common type of visitation, where the non-custodial parent has a set schedule for when they can spend time with the child. This can include weekends, holidays, and summer vacations.

2. Supervised visitation: This type of visitation is ordered by the court when there are concerns about the safety of the child. The visits are supervised by a third party, such as a social worker or a family member, to ensure that the child is safe.

3. Virtual visitation: This is a type of visitation where the non-custodial parent can communicate with the child through video conferencing, phone calls, or other virtual means. This is often used when the non-custodial parent lives far away or is unable to visit in person.

4. Open visitation: This type of visitation allows the non-custodial parent to visit the child at any time, without a set schedule. This is typically only used in cases where the parents have a good relationship and can cooperate well.

Co-parenting refers to the process by which two or more individuals work together to raise a child. This can involve shared parenting responsibilities, decision-making, and communication to ensure that the children's needs are met and that they have positive relationships with both parents. Effective co-parenting requires cooperation, communication, and compromise between the parents, as well as a focus on the best interests of the child. 

It is important to consider co-parenting when creating a family plan. Co-parenting matters when it comes to parenting plans, i.e. custody orders because it is essential for the well-being of the children involved. The plan should address how decisions will get made, how communication will get facilitated, and how conflicts will get resolved between the parents. The primary goal is to ensure that the child's needs get met and that the child has positive relationships with both parents.