When the Court is determining custody, what will the Judge consider?
The Judge’s considerations vary depending on whether the issue is initial custody, modification of custody, relocation of the child, etc. However, in general, in determining initial custody between parents of the child, the Court considers 12 factors to determine the best interest of the child.
Louisiana Civil Code Art. 134.
Factors in determining child’s best interest.
The court shall consider all relevant factors in determining the best interest of the child. Such factors may include:
- The love, affection, and other emotional ties between each party and the child.
- The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.
- The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
- The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
- The permanence, as a family unit, of the existing or proposed custodial home or homes.
- The moral fitness of each party, insofar as it affects the welfare of the child.
- The mental and physical health of each party.
- The home, school, and community history of the child.
- The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
- The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
- The distance between the respective residences of the parties.
- The responsibility for the care and rearing of the child previously exercised by each party.
If you would like more information as to how your circumstances may be viewed in light of these factors to determine the strength of your case, please contact us at 337-460-7987. We would love to meet with you!