Best Child Custody Lawyers in Lafayette

About Child Custody Law in Lafayette, United States

This guide focuses on child custody in Lafayette, Louisiana. Child custody in Louisiana is governed primarily by state law, and cases in Lafayette are heard in the 15th Judicial District Court, which serves Lafayette Parish. Custody addresses two broad ideas: decision making authority for major issues like education, health care, and religion, and where the child lives day to day. Louisiana courts resolve custody based on what serves the best interest of the child. The court encourages parents to create workable parenting plans and often favors joint custody, which allocates responsibilities between both parents. When joint custody is not appropriate, the court may award sole custody to one parent, or in rare cases to a nonparent if neither parent can provide adequate care without substantial harm to the child.

Louisiana law also recognizes the concept of a domiciliary parent in joint custody cases. The domiciliary parent has tie breaking authority on certain day to day decisions unless the court orders otherwise, but both parents remain important in the child’s life unless there are safety concerns like domestic violence, neglect, or substance abuse. Lafayette judges can enter temporary orders quickly to protect children and provide short term structure while a case proceeds, and they may use hearing officers or mediation to help parents resolve disputes efficiently.

Why You May Need a Lawyer

Many families can reach agreements on their own, but legal help is crucial when conflicts or complex issues arise. You may need a lawyer if you and the other parent cannot agree on a parenting schedule, holiday time, or decision making. A lawyer is particularly important if there are concerns about domestic violence, mental health, substance abuse, child neglect, or parental kidnapping. You should also seek counsel if one parent wants to relocate out of state or more than a significant distance away within Louisiana, because strict notice and court approval rules apply. Other common reasons include modifying an existing order, enforcing a parenting plan when the other parent is not complying, establishing paternity for unmarried parents, handling cases that involve multiple states or countries, or dealing with military deployment schedules. An experienced Lafayette attorney can explain local procedures, prepare evidence, negotiate settlements, and protect your rights in court.

Local Laws Overview

Best interest standard: Louisiana Civil Code Article 131 requires courts to award custody in accordance with the child’s best interest. Article 134 lists factors the court may consider, such as the emotional ties between parent and child, each parent’s capacity to provide love, guidance, and material needs, the stability of each home, the moral fitness and mental and physical health of each parent, the child’s school and community history, the child’s reasonable preference if of sufficient age and maturity, the willingness of each parent to support the child’s relationship with the other parent, past caregiving history, and any history of family violence.

Joint custody and domiciliary parent: When parents do not agree on custody, Louisiana Civil Code Article 132 directs courts to award joint custody unless sole custody serves the child’s best interest by clear and convincing evidence. In joint custody, the court typically designates a domiciliary parent or sets specific decision making procedures. Louisiana Revised Statutes 9:335 outlines joint custody implementation orders and the role of the domiciliary parent.

Custody to nonparents: If awarding custody to either parent would cause substantial harm, the court can grant custody to a nonparent under Louisiana Civil Code Article 133.

Family violence protections: The Post Separation Family Violence Relief Act, Louisiana Revised Statutes 9:361 through 9:369, provides strong protections. There is a presumption against awarding sole or joint custody to a parent who has a history of family violence unless strict conditions are met. Courts can require supervised visitation, treatment, and safety measures, or suspend visitation where necessary for protection.

Relocation: Relocation of a child’s principal residence generally requires written notice to the other parent and either consent or a court order. Under Louisiana Revised Statutes 9:355.1 through 9:355.17, a proposed move out of state or more than a set distance from the current principal residence is regulated. Notice usually must be given at least 60 days before the move and must include specific information. Courts decide relocation requests based on statutory best interest factors specific to relocation.

Unmarried parents and paternity: An unmarried father can establish paternity through an Acknowledgment of Paternity or court proceedings. Once paternity is legally established, custody, visitation, and child support can be addressed.

UCCJEA jurisdiction: Louisiana has adopted the Uniform Child Custody Jurisdiction and Enforcement Act at Louisiana Revised Statutes 13:1801 and following. Generally, the child’s home state has authority to make custody decisions. This helps prevent conflicting orders from different states and provides rules for emergency jurisdiction when a child is in danger.

Temporary orders, hearing officers, and mediation: In Lafayette Parish, many custody matters initially proceed through a hearing officer conference where temporary recommendations may be made. Judges often order mediation in contested custody cases to promote settlement. Courts can issue temporary or emergency orders to stabilize the situation until a full hearing is held.

Parenting classes and plans: The court may require one or both parents to complete a co parenting or parenting education seminar. Parents are encouraged to create detailed parenting plans covering living schedules, holidays, transportation, communication, decision making, and dispute resolution methods.

Frequently Asked Questions

What is the difference between legal custody and physical custody in Louisiana?

Legal custody refers to decision making authority for major issues like education, medical care, and religion. Physical custody refers to where the child lives and the schedule of time with each parent. A joint custody order divides these responsibilities, often with one parent named as domiciliary parent for tie breaking decisions unless the court divides authority differently.

What does domiciliary parent mean?

In joint custody, the domiciliary parent is the parent with primary authority to make day to day decisions when parents disagree, subject to the court’s allocation of decision making and to later review by the judge. The other parent still has significant rights and access under the parenting plan.

Can my child choose which parent to live with?

There is no fixed age at which a child decides. The court may consider a child’s reasonable preference if the child is of sufficient age and maturity, but it is only one factor among many, and the judge will focus on the overall best interest of the child.

How do courts decide custody if we cannot agree?

The judge evaluates the best interest factors in Louisiana Civil Code Article 134, any history of violence or abuse, the stability of each home, and the practical ability of each parent to meet the child’s needs. The court may order evaluations, appoint a guardian ad litem in some cases, or use hearing officers and mediation to gather information and encourage settlement.

Can I move out of state with my child?

Maybe. Louisiana’s relocation law requires written notice to the other parent and court approval or consent if you plan to move the child’s principal residence out of state or beyond a defined distance from the current residence. Do not relocate without following the statute, because violations can lead to a change in custody, contempt findings, and other penalties.

What if the other parent will not follow the custody order?

You can file a motion to enforce and for contempt in the 15th Judicial District Court. Judges can order makeup parenting time, modify exchanges, require supervised visitation, award attorney fees, or impose sanctions. Keep a clear log of missed time, messages, and any police reports or third party confirmations.

How do I change an existing custody order?

File a motion to modify custody and show a material change in circumstances and that the requested change is in the child’s best interest. If there is a considered decree after a full trial, the parent seeking change may have a higher burden to show that a change will materially promote the child’s welfare. A local attorney can explain which standard applies to your case.

Do I need to establish paternity to get custody or visitation if I am not married to the mother?

Yes. A father must legally establish paternity, either by acknowledgment or through court proceedings, before the court can issue a custody or visitation order in his favor. Once paternity is established, the same best interest analysis applies.

Will allegations of domestic violence affect custody?

Yes. Under Louisiana’s Post Separation Family Violence Relief Act, a parent with a history of family violence faces a presumption against being awarded sole or joint custody. The court prioritizes safety and may order supervised visitation, protective orders, treatment requirements, or in serious cases suspend a parent’s contact with the child.

How long does a custody case take in Lafayette?

Timeframes vary. Emergency or temporary orders can be issued quickly. If the case settles through mediation or a hearing officer process, it may resolve in a few weeks to a few months. A fully contested case that requires discovery, evaluations, and a trial can take many months. Local court scheduling, the complexity of the issues, and cooperation between the parties affect timing.

Additional Resources

15th Judicial District Court - Lafayette Parish: Handles custody filings, hearings, and orders. The court may utilize hearing officers for domestic matters and can provide information about procedural requirements and forms.

Lafayette Parish Clerk of Court: Accepts custody filings, issues service of process, and provides access to records. Staff can explain filing fees and basic procedures but cannot give legal advice.

Acadiana Legal Service Corporation: Provides free or low cost civil legal help to eligible individuals, including assistance with custody, protective orders, and support.

Lafayette Bar Association and Lawyer Referral services: Can help you find a local family law attorney experienced in Lafayette Parish practice.

Louisiana Department of Children and Family Services - Child Support Enforcement: Helps establish paternity and child support, which often intersects with custody and visitation issues.

Family Justice Center or local domestic violence programs in Acadiana such as Faith House: Offers safety planning, advocacy, shelter, and assistance with protective orders for survivors of domestic violence.

Mediation providers in Lafayette: Many private and court approved mediators facilitate parenting plan agreements that can be made into enforceable court orders.

Parenting education programs in Lafayette Parish: Court approved co parenting classes that the judge may require in contested cases.

Next Steps

Clarify your goals and concerns. Think about your child’s needs, your proposed schedule, and how decision making should work. Write down specific proposals for school nights, weekends, holidays, summer time, exchanges, transportation, and communications with the child.

Gather documents and evidence. Collect school and medical records, messages about parenting issues, calendars of past caregiving, proof of residence and work schedules, and any documentation of safety concerns. Keep communications civil and child focused.

Consider mediation early. A neutral mediator can help you and the other parent reach a practical agreement that reduces conflict and cost. Agreements can be submitted to the court for approval.

Consult a Lafayette family law attorney. A local lawyer can explain your rights, evaluate the strengths and risks of your case, and guide you through the 15th Judicial District Court’s procedures, including hearing officer conferences and possible parenting classes.

File the appropriate court papers. If you need an order, you will file a petition for custody or a motion to modify or enforce in the 15th Judicial District Court, serve the other party, and attend scheduled conferences and hearings. If there is immediate danger, discuss emergency or protective order options with your attorney.

Follow temporary orders and keep good records. Courts look favorably on parents who comply with orders, communicate appropriately, and focus on the child’s best interest. If circumstances change, ask the court for relief rather than taking matters into your own hands.

This guide provides general information for Lafayette, Louisiana. Because child custody decisions are very fact specific, consider speaking with a qualified local attorney for advice tailored to your situation.