Baton Rouge Child Custody Lawyer

Child custody determinations are complex and often frustrating. Each parent wants what is right for their children and wants to spend as much time as possible with them. Whether a child custody determination is part of your divorce case or is happening due to separation, a Baton Rouge child custody lawyer can help you navigate negotiations or litigation. It is important that the case is handled with compassion and is individualized to your family’s unique situation.

Every family’s circumstances are different. While it is often better for parents to work together on a parenting plan and custody arrangement, this isn’t always realistic or even safe. You need to find an attorney who can take the time to understand your unique case, your children’s needs, and your own wishes for custody. You need an attorney who will work towards your family’s future and support your children’s best interests.

A Child Custody Plan That Helps Your Kids Grow. Geaux Cascio!

No child in Baton Rouge should suffer because their parents do not live together. As a parent, you want a child custody plan that gives your children stability, love, guidance, and comfort. With the right legal representation, you can make this a reality.

The Cascio Law Firm has served the Baton Rouge area with caring and successful family law services since 2001. Attorney Chris Cascio knows that you want what’s right for your children, no matter what. He will use his knowledge of Louisiana’s child custody laws to help you put them in a living situation where they can thrive.

Navigating a child custody case can be stressful, even when parents are working together. It can be even more difficult when parents are at odds or even have to go to court to resolve the case. Securing legal representation gives you the legal and emotional support you need during a difficult situation. Our firm can talk through your options, in and out of court, and help you make a reasoned and informed choice about the custody case.

How Child Custody Works in Louisiana

Like all other states, Louisiana law states that the child’s best interests are the most critical consideration in any custody matter. There is no set definition of a child’s best interests, except that the law presumes that the parents will share joint custody. If a parent objects, they must show the judge why sole custody is appropriate. In that case, the judge will likely award visitation time to the noncustodial parent.

Besides the joint custody presumption, the law directs family court judges to consider several factors when determining the child’s best interests, such as:

• Any potential for the child to be the victim of domestic violence, which is the primary consideration
• One parent suffering past abuse from the other parent will not automatically result in the removal of that other parent’s parental rights
• The nature of the child’s relationship with each parent, including if each parent provides love and affection and if the child has a much stronger relationship with one parent
• Each parent’s capacity and desire to raise the child, including providing affection, spiritual guidance, and continued education and rearing of the child
• Each parent’s capacity and willingness to provide for the child’s basic needs, including food, medical care, clothing, shelter, and other needs
• The period of time the child has lived in a stable home environment that adequately provides for their needs and the importance of maintaining that environment
• The permanence of existing or suggested custodial homes for the child
• Each parent’s moral fitness up to the point where it impacts the child’s well-being
• Any history of substance abuse, violence, or criminal activity
• The mental and physical health and well-being of each parent and the child
• The child’s home, educational, medical, and community history
• The child’s preference, if it is reasonable and the court determines the child to be old enough to provide their preference
• Each parent’s ability and interest in encouraging the child to have a continued relationship with the other parent, although this is not a consideration when there are reasonable concerns for the child’s safety with the other parent due to abuse, recklessness, or illegal actions while the child was in the parent’s custody
• How far each parent’s primary residences are from each other
• Each parent’s history of being responsible for their child’s care

Most of the time, parents work out an agreement out of court, which the judge will honor unless they determine it is not in the child’s best interests. Chris Cascio can represent you in negotiations. He will advise you of your legal rights and responsibilities and help you decide on a plan that is right for your family.

Custody Agreements

Creating an agreement outside of court is often easier on the entire family, especially children. However, taking the case to court may be needed in several situations where parents cannot reach an agreement. If your co-parent doesn’t agree to a reasonable custody arrangement, Chris will forcefully present your case to the judge.

When the judge either reaches a decision or approves a negotiated parenting plan, this becomes the court-enforceable custody order that both parents must follow.

Types of Child Custody

Child custody is divided into two types: legal custody and physical custody. Each type of custody may be awarded to one or both parents.

1. Legal custody is the right of a parent to make crucial choices for their child. This could include choices about their education, their religious upbringing, their medical care, and other decisions.

Legal custody is generally awarded to both parents, as this is assumed to be in the child’s interests, and so parents must determine those decisions together or make a plan for how to make future important choices for their child. In rare cases where one parent is considered unfit to make choices for their child, legal custody may be awarded solely to one parent.

1. Physical custody is where a child lives and the right and responsibility of a parent to care for their daily needs. Physical custody may be awarded solely, with the noncustodial parent being awarded visitation rights. In rare situations, sole physical custody includes limited or no visitation rights for the noncustodial parent.

Joint physical custody is more common and is also presumed to be in the child’s interests. Joint physical custody often means that parents have equal or near-equal parenting time with their child, and the child may live in both homes or have one primary residence.

There are many unique ways that these types of custody may be arranged or split between parents, and this is part of what makes custody determination so complex. Every family’s needs are unique, and a parenting plan and custody arrangement should reflect those unique circumstances and capabilities.

What Are the Benefits of Working With a Child Custody Attorney?

Child custody determinations have the potential to be highly contentious. Most parents want what is right for their children but may not agree on what that looks like. Even amicable parents can find themselves in a heated disagreement. If either parent refuses to cooperate and compromise, it can increase frustration and make the process take much longer.

When each parent has legal representation, or there is an attorney mediating the discussions, it can help avoid emotional frustrations. An attorney can keep discussions on track and help parents know when a break is needed. If either parent is refusing to work with the process, an attorney may recommend taking the case to court to resolve it.

The Importance of a Parenting Plan

While the broad determinations can be simple for some parents, the details of a parenting plan can be more difficult. A parenting plan has to determine daily schedules considering the employment of both parents and the schooling and extracurriculars of children, the pick-up and drop-off of the children, how holidays and special events will be handled, and numerous other specifics. Unexpected logistical issues can stall parenting plan negotiations.

An experienced child custody attorney likely has years of navigating and resolving similar issues and navigating the specifics of child custody. They can help you ensure you have all the necessary elements in your parenting plan, including what is legally required and what is important to include. An attorney may have unique solutions to issues that emerge as you detail schedules and other parts of the plan.

There is a lot at stake in a custody case. This is not somewhere you want to take chances. You are more likely to find a better resolution than the court finds to be in your child’s interests with the support and legal knowledge of an attorney.

Modifying Child Custody Agreements

Child custody court orders must be followed and can be legally enforced if either parent refuses to cooperate with it. However, the custody arrangement is not unchangeable. The lives and needs of each parent and their children can change, and there is a court process for reflecting that in your custody arrangement called a modification.

Modifying custody orders has certain requirements that an attorney can help you review, including ensuring the change is in the child’s interests. Modification of child custody can help you and your co-parent meet changing needs such as a relocation, the child’s changing age, or other circumstances.

FAQs

Q: Who Pays Court Costs in Child Custody Cases?

A: In most child custody cases, each parent is responsible for their own court costs, which include filing fees, serving fees, and the cost of any court appearances. However, if these fees are more than you can afford, you can file a waiver for them, and the judge on the case will determine whether to grant it. In some rare cases, the judge may order one parent to pay all court costs if they earn much more than the other parent.

Q: How Do You Fight for Child Custody as a Mother?

A: To fight for child custody as a mother, it is important to consider your child’s needs and interests. Ideally, parents work together on a custody arrangement that supports their children, negotiating any disagreements they have. Sole custody is not common in Louisiana, as it is assumed that joint custody is in a child’s interest. If one parent is a danger to the child, the court is likely to assign sole custody. An attorney can help you protect your children’s interests.

Q: How Can You Resolve Child Custody Issues?

A: Resolving child custody issues is most effective through an out-of-court alternative dispute resolution method such as mediation, negotiation, or collaborative law. This way, you can create an individualized parenting plan without court stress. The support of an attorney is also crucial to effectively resolving child custody issues while protecting the rights and interests of both you and your children. A child custody attorney can help negotiations go more smoothly, mediate discussions, and fight for your interests.

Q: Can You Get a Court-Appointed Attorney for Child Custody in Louisiana?

A: Typically, there is no court-appointed attorney for a child custody case in Louisiana, except in domestic violence cases. It is possible for a judge on a custody case to assign an attorney to represent the child, but it is unlikely for an attorney to be appointed for a parent. The court may assign an attorney for the child if the custody case is litigated and contentious, and it wants to ensure the child’s interests are kept as the priority.

Doing Right By Your Children

Your children matter to you, and your needs matter to the Cascio Law Firm. Contact the firm’s Baton Rouge office today to schedule your confidential consultation with Chris Cascio. Call 225-377-3595.