Skilled Legal Counsel For Child Custody And Visitation Matters
When it comes to issues involving child custody and visitation, finding a solution that is in the best interests of the children is the most important factor. Custody disputes can be emotionally contentious, which is why the courts attempt to be as objective as possible when attempting to find a solution that will best suit the children. A skilled lawyer should help you do the same, listening closely to your concerns while looking beyond the emotions that can cloud a parent’s vision.
At Bertuccini Law Firm, our attorneys and legal team are committed to protecting the interests of both you and your children. We can help you clearly identify your goals and determine the best path forward when it comes to custody and visitation. We are a full-service child custody firm, providing child-first solutions in divorce, post-judgment modifications, as well as custody disputes between unmarried parents.
Factors That Can Impact A Custody Decision
If parents can agree on a custody and visitation plan, the court will generally honor this agreement, unless it does not serve the best interests of the children. If parents cannot reach an agreement on their own, Louisiana courts will look at several factors to help determine what is in the best interests of the children, including:
- Emotional ties between the parent and the children
- The ability to care and provide for the children
- The home and school history of the children
- The children’s preference, depending on their age and maturity
One of the pillars of our legal practice is resolving family law disputes in a way that minimizes the impact on the children. We are dedicated to maintaining the parent-child relationship between the children and both parents. We work with mothers or fathers to solve the holistic issues that may arise in custody disputes, with a dedicated focus on a positive environment for the children. Together, we will work hard to help achieve your goals when it comes to matters concerning your children.
Your Child Custody Questions, Answered
Below, we answer some common questions to help you understand how custody matters are addressed in Louisiana.
What is the process for establishing child custody in Louisiana?
In Louisiana, establishing child custody typically begins with the filing of a petition in family court. Both parents are encouraged to agree on a custody arrangement that serves the best interests of the child. If an agreement cannot be reached, the court will decide based on factors like those mentioned above.
Assuming both parents are deemed fit, a shared custody agreement is typically considered best for the child. However, sole custody can be awarded in some cases. The court’s primary concern is always the child’s well-being and safety.
What rights do grandparents have in custody or visitation matters in Louisiana?
Grandparents in Louisiana may seek visitation rights under certain circumstances, especially if it is in the best interest of the child. Courts may grant visitation if the child’s parents are divorced or legally separated, or if one of the parents is deceased or incarcerated. The court will consider numerous factors when awarding or denying visitation, including the existing relationship between the grandparents and the grandchild.
Can a parent be denied custody in Louisiana based on their criminal record?
While a criminal record does not automatically disqualify a parent from obtaining custody, it can be a significant factor in the court’s decision. The court will evaluate the nature and severity of the offenses, the time elapsed since the conviction and any evidence of rehabilitation. The primary concern is whether the parent poses a risk to the child’s safety and welfare.
How does the court handle situations involving domestic violence in child custody and visitation cases?
Louisiana courts take domestic violence allegations very seriously. Evidence of domestic violence can heavily influence custody and visitation decisions. The court may restrict or deny visitation rights to protect the child and the victimized parent. Protective measures, such as supervised visitation, may be ordered to ensure the child’s safety.
Unfortunately, there are sometimes cases in which one parent falsely accuses the other of domestic violence in order to gain an advantage in custody proceedings. Individuals who have been falsely accused need an attorney who will work tirelessly to disprove the allegations and make the judge aware of the other parent’s deceitful actions.
Contact Us To Find Out How We Can Help Your Family
We are here to provide compassionate and caring representation in all child custody matters. To schedule a consultation, call our law offices in Lafayette at 337-706-9608. You may also contact us online, and we will respond to your message promptly.
