Best Family Lawyers in Lafayette

About Family Law in Lafayette, United States

This guide focuses on Lafayette Parish in Louisiana. Family law in Lafayette covers legal issues that affect spouses, parents, children, and other family members. Common matters include divorce, child custody and visitation, child support, spousal support, division of property, protective orders for domestic abuse, adoption, paternity, name changes, and post-judgment enforcement or modification.

Louisiana family law is largely set by state statutes and the Civil Code, and cases in Lafayette Parish are typically handled in the 15th Judicial District Court. Local court rules and procedures can affect how and when your case moves forward, so knowing both state law and Lafayette-specific practices is important.

Why You May Need a Lawyer

You may need an attorney if you are filing for divorce, responding to a divorce, or need temporary orders for custody, support, or use of the family home. A lawyer can help you understand your rights early and protect your interests during negotiations and court hearings.

Parents often need legal help to establish or modify child custody and visitation schedules, especially when there are concerns about safety, relocation, school choice, or complex parenting plans. Attorneys also assist with enforcement when an existing order is not followed.

Financial issues such as calculating child support, determining spousal support, and dividing property and debts can be complicated. Louisiana is a community property state, and correct classification and valuation of assets and reimbursements may require legal guidance.

Survivors of domestic abuse can benefit from immediate legal help to seek protective orders, create safety plans, and coordinate with criminal and civil processes. A lawyer can file urgent motions and present evidence in a way that protects you and your children.

Other reasons to consult an attorney include paternity actions, adoption or guardianship, drafting or challenging prenuptial and postnuptial agreements, name changes, grandparent or third-party visitation, and interstate or military family issues.

Local Laws Overview

Divorce in Louisiana includes two common paths. A no-fault divorce usually requires spouses to live separate and apart for a set period before the divorce is finalized. The standard separation period is often 180 days if there are no minor children and 365 days if there are minor children, though details can vary with your specific filing. Fault-based divorces may proceed without waiting periods in limited circumstances such as adultery, certain felony convictions, or domestic abuse as defined by Louisiana law.

Child custody is decided using the best-interest-of-the-child standard. Judges consider many factors, including the history of each parent as caregiver, the stability of each proposed home, the child’s needs, the ability of each parent to foster a positive relationship with the other parent, the health and moral fitness of each parent, the child’s school and community ties, and any evidence of family violence. Lafayette courts may require mediation or a hearing officer conference to attempt resolution before a full trial.

Child support is calculated under Louisiana’s child support guidelines using an income-shares approach. The court looks at both parents’ gross incomes and applies a guideline schedule, then adds items such as health insurance premiums for the child, work-related childcare, and extraordinary medical expenses. The court can deviate from the guideline amount in special circumstances with written reasons.

Louisiana is a community property state. Most property and debts acquired during the marriage are community and are generally divided equally, while separate property includes assets owned before marriage or received by gift or inheritance. There are rules for reimbursement claims, valuation dates, and use of the family residence that can affect the outcome.

Spousal support can be interim or final. Interim support is designed to maintain the financial status quo during the divorce. Final support is based on need and the other party’s ability to pay, and marital fault that led to the divorce can affect eligibility for final support. Duration and amount depend on statutory factors and the facts of your case.

Protective orders for domestic abuse can provide immediate safety measures, including no-contact provisions, temporary custody, possession of the residence, and firearm-related restrictions consistent with law. Courts can issue temporary orders and then hold a hearing to determine whether to extend protections.

Relocation with a child is governed by Louisiana’s relocation statute. If a move meets the legal definition of relocation, the moving parent usually must give advance written notice and may need court approval if the other parent does not consent. Timing and content of notice are important, and failing to comply can harm your case.

Venue and procedure matter. Family cases arising in Lafayette Parish are generally filed in the 15th Judicial District Court. Many cases begin with a hearing officer conference where recommendations on temporary issues are made, subject to review by a judge. Some cases require a parenting education class before a final judgment if there are minor children.

Frequently Asked Questions

Where do I file a family case in Lafayette?

Most family matters for Lafayette Parish are filed in the 15th Judicial District Court. Filings are made with the Lafayette Parish Clerk of Court. The proper venue can depend on last matrimonial domicile or a party’s domicile, and custody cases can also be affected by interstate jurisdiction rules for the child.

How long does a no-fault divorce take in Louisiana?

Timing varies with your circumstances and the court’s calendar. Many no-fault divorces require spouses to live separate and apart for a period such as 180 days if there are no minor children or 365 days if there are minor children, measured from a legally recognized date of separation or service. Contested issues and required classes or conferences can add time.

What is the difference between legal custody and physical custody?

Legal custody concerns decision-making authority for major issues such as education, medical care, and religion. Physical custody concerns where the child lives and the parenting schedule. Louisiana courts often prefer joint custody when it is in the child’s best interest, which can include a primary domiciliary parent and a detailed visitation plan.

How is child support calculated in Lafayette?

Judges apply Louisiana’s income-shares guidelines using both parents’ gross income. The guideline table yields a base amount that is then adjusted for health insurance premiums for the child, childcare needed for work, and extraordinary medical or educational expenses. The court can deviate from the guideline when justified by the facts.

What counts as community property?

Community property generally includes earnings, assets, and debts acquired during the marriage. Separate property typically includes assets owned before marriage or received by gift or inheritance, as well as damages for personal injuries to a spouse with some exceptions. Classification can be complex, particularly for retirement accounts, business interests, and commingled funds.

Do we have to go to court if we agree on everything?

If you reach a full settlement, your attorney can draft and file the necessary pleadings and consent judgments for court approval, which often avoids a trial. Even agreed cases must be reviewed by the court, and required waiting periods or parenting classes may still apply.

How do protective orders work in Lafayette Parish?

You can request a temporary protective order that may be granted without the other party present. The court will then schedule a hearing where both sides can present evidence. Final orders can set contact restrictions, temporary custody, and other protections consistent with Louisiana law.

Can I move out of Lafayette with my child?

If your move meets the definition of relocation under Louisiana law, you must provide detailed advance written notice to the other parent and obtain consent or court approval. The judge will consider the child’s best interest and statutory relocation factors. Do not move before satisfying legal notice and approval requirements.

How do I establish paternity?

Paternity can be established voluntarily by acknowledgment or through a court proceeding that may include genetic testing. Once established, the court can issue orders for custody, visitation, and child support. Establishing paternity also secures the child’s rights to support and inheritance.

What if the other parent is not following the court order?

You can file for enforcement or contempt in the 15th Judicial District Court. The court can order makeup time, modify orders if circumstances have changed, enter money judgments for unpaid support, and impose penalties for willful violations.

Additional Resources

Lafayette Parish Clerk of Court for filing, forms, and records related to family cases.

15th Judicial District Court Domestic Division for local rules, hearing officer conferences, and court procedures in Lafayette Parish.

Acadiana Legal Service Corporation for civil legal aid in family matters to eligible residents.

Lafayette Bar Association and Lafayette Bar Foundation for lawyer referral and pro bono programs.

Louisiana Department of Children and Family Services Child Support Enforcement for establishing and enforcing child support and medical support.

Faith House of Acadiana for domestic violence crisis services, shelter, safety planning, and advocacy.

The Family Tree Information, Education and Counseling Center in Lafayette for co-parenting and divorce education programs that may satisfy court requirements.

Louisiana Law Help and statewide self-help resources for general information and forms for Louisiana family law issues.

Louisiana Vital Records for birth certificates, marriage records, and documents often needed in family cases.

Local mediation providers and parenting coordinators who assist families in resolving disputes without trial.

Next Steps

Clarify your goals and gather documents. Collect pay stubs, tax returns, bank and retirement statements, mortgage or lease information, insurance details, school and medical records for children, and any existing court orders or police reports. Good documentation strengthens your position.

Schedule a consultation with a family law attorney who practices in Lafayette Parish. Ask about strategy, likely timelines, costs, and temporary protections. If cost is a concern, contact legal aid or a bar association referral program to explore reduced fee or pro bono options.

Consider immediate safety and temporary relief. If there is a risk of harm, ask about protective orders and temporary custody or support. Courts can act quickly when necessary, and your attorney can prioritize urgent filings.

Follow Lafayette-specific procedures. Be prepared for a hearing officer conference or mediation if ordered. If you have minor children, confirm whether a parenting education course is required before a final judgment and enroll promptly.

Explore settlement early. Many cases resolve through negotiation with the help of lawyers and mediators. A clear parenting plan and a detailed property settlement can reduce conflict, save money, and speed resolution.

Do not violate standing orders or existing judgments. Many Louisiana courts issue standing domestic orders at the start of a case. They typically restrict harassment, disposal of property, and removal of children from the jurisdiction. Read and follow every court order carefully.

Keep records and communicate in writing. Use organized, child-focused communication tools when co-parenting. Save messages, calendars, and receipts, since these can become important evidence.

Reassess and modify as needed. If circumstances change substantially after an order is entered, ask a lawyer about modification of custody, visitation, or support. Act promptly when changes occur.

This guide provides general information about family law in Lafayette Parish, Louisiana. For advice on your specific situation, consult a licensed Louisiana family law attorney.