The two types of Custody in Louisiana are:
Physical Custody is the time spend by the parents with the children. It is presumed that shared care of children between both parents. and ongoing contact with both parents is in the best interest of children;
Legal Custody is the right of parents to make important life decisions about their children’s upbringing. Courts generally presume that it is in the children’s best interest that both parents retain legal custody (joint custody) regarding decisions about education, medical care, discipline, and other important life decisions.
How Do Courts Decide How Custody is Divided between Parents?
Louisiana Civil Code Article 134 defines how Courts award custody based upon the best interest of the child. The factors Courts use to determine the child's best interest include:
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:
(1) The love, affection, and other emotional ties between each party and the child.
(2) 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.
(3) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
(4) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
(5) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(6) The moral fitness of each party, insofar as it affects the welfare of the child.
(7) The mental and physical health of each party.
(8) The home, school, and community history of the child.
(9) The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
(10) The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
(11) The distance between the respective residences of the parties.
(12) The responsibility for the care and rearing of the child previously exercised by each party.
The court may consider other factors as well.
Learn more about the Louisiana Civil Code Article 134
Learn more about best interest factors for child custody
Learn more about Grandparents' Custody and Visitation rights in Louisiana with this video:
The following video is from Legal Aid of North Carolina, but provides excellent general information to learn about going to trial in child custody cases all states: