Baton Rouge Child Custody Lawyer

Baton Rouge Child Custody Attorney

A skilled, experienced Baton Rouge child custody lawyer is critical for those seeking to ensure that their interests are given a strong chance in a child custody case. At the Rowe & Manning Law Firm LLC, we’ve represented parents in all manner of child custody issues and understand how to present a strong case before a judge if necessary. We can help you understand your options in a child custody case and strive to support your objectives.

Steadfast Advocates During Emotional Decisions

Decisions regarding child custody and visitation are never easy. In fact, they may be the most difficult decisions divorcing parents will ever have to make.

At the Rowe Law we can help you achieve a workable child custody arrangement that is beneficial for your child.

Our child custody attorneys in Louisiana provide the effective representation that is essential in protecting each child’s best interests, whether by agreement or in court. Contact our Baton Rouge family law firm today for an initial consultation.

Creating Parenting Plans Through Mediation Or Court Intervention

When parents divorce, they must establish a child custody and visitation plan. Often, parents resolve these arrangements between themselves, either on their own or with the assistance of their attorneys or a mediator.

While every custody case is different, in every instance a negotiated custody arrangement is favorable to what a judge would decide. Divorcing parents are encouraged to work out what they feel is the best arrangement.

What If Parents Can’t Agree?

When a couple is unable to agree, the court will intervene.

Contrary to 10 years ago, prior to the fathers’ rights movement, Louisiana judges no longer assume that the mother should automatically have custody. Rather, judges consider the unique circumstances of the family and the needs of the child, understanding that in most situations, it is beneficial for children to have access to both of their parents. The focus of the law is always on what is in the best interests of the children.

The “best interests” standard is also applied in all post-decree custody and visitation cases such as modifications, relocation and enforcement.

The experience of your lawyer in a custody case makes all the difference. At the Rowe & Manning Law Firm LLC, we are committed to helping you achieve an effective resolution. We are here to represent any individual involved in a child custody matter, including mothers, fathers, grandparents and any other interested parties.

What Is in a Child’s Best Interests?

The central component of any child custody issue is the “child’s best interest.” This puts the child’s welfare ahead of the desires of the parents or any other party. While the court will have to exercise its judgment in assessing the factors involved in the decision, Article 134 of the Louisiana Civil Code has spelled out which factors the judge may be responsible for assessing, including:

• The risk that the child may be abused
• The love and emotional ties between child and party, along with the ability of each party to provide that care for the child
• The ability of the party to provide for the material needs of the child
• The stability of the child’s situation and the necessity for any continuity and permanence
• The moral fitness of the parties
• Any history of violence, family violence, abuse, sexual abuse, substance abuse, or criminal activity
• The home, school, and community history of the child
• If the child is deemed to be of sufficient age to express a preference, that preference will be considered
• The willingness of each party to facilitate the child’s relationship with the other party unless there is reasonable cause for concern for the child’s safety
• The distance between residencies
• Responsibility for a child from a previous relationship

Can Child Custody Orders Be Changed?

Child custody orders can be changed in some situations. In certain cases, parents may work together to come up with changes to their parenting plan based on what will allow them to better care for the child or children. As long as the court agrees that it’s in the child’s best interests, they will likely approve the changes.

In many cases, though, it’s the desire of one parent to modify the custody arrangement, and the other wishes for no changes to be made. In this case, a petition will need to be made to the court, which will decide what’s in the child’s best interest after considering the arguments of both parties.

However, for the court to even consider the possibility of modifications, whoever is petitioning for them will likely need to show that there has been a change in circumstances, which could mean the prior agreement is no longer serving the child’s best interests.

What Types of Changes in Circumstances Could Lead to Child Custody Order Modifications?

The changes in circumstances that could lead to child custody modifications need to be substantial and make the orders currently in place no longer tenable. One of the clearest situations that requires modifications is if the child is in danger because of the current arrangement.

This could be because one of the parents is a direct danger to the child, the people the parent is around are a danger, or the circumstances of where the child resides with their parent are an inherent danger. It could also be that a parent has developed a substance abuse problem.

Other reasons for custody order modifications include the possibility that a parent is moving either closer or further away, a change in a parent’s circumstances, such as a new job, or a change in what the child needs. Additionally, if a parent refuses to follow the current agreement, this will often trigger changes that allow them less custody. Any modifications will need to be in the child’s best interests.

FAQs:

Q: How Long Will It Take to Resolve a Child Custody Issue?

A: How long it will take to resolve a child custody issue depends on the situation. If the issue is a stand-alone concern, such as modifications to existing orders, it could be resolved relatively quickly, particularly if the parents agree on the modifications.

How crowded the courts are will generally play a primary role in how long the process will take. If custody is being addressed as part of a divorce, though, it will likely take much longer, depending on how contentious the divorce is.

Q: Is a Lawyer Required in a Child Custody Case?

A: A lawyer is not required in a child custody case, but you could significantly hurt your chances if you don’t have one. Custody is a complicated issue, and it’s important to have a strong understanding of both the law and how to make a good argument before the judge. Custody is also an emotional issue, and it can be helpful to work with someone who can assess the situation without the strong emotional ties of a parent.

Q: Can I Come to a Child Custody Agreement Outside of Court?

A: You and the child’s other parent can come to an agreement outside of court. The court will assess whether it upholds your child’s best interests and potentially approve it. This is oftentimes a more beneficial option than letting a judge decide for you.

Q: Is the Mother Entitled to Custody in Louisiana?

A: A mother is not automatically entitled to custody in Louisiana solely because of her gender. If it is determined that her having custody is in the child’s best interest, she will be granted custody.

The same goes for fathers. If any parent is deemed unfit to parent, they will not be given custody, regardless of their gender.

Seeking A Visitation Or Custody Battle Attorney? Baton Rouge’s Rowe & Manning Law Firm LLC Can Help.

Child custody is one of the most complex issues in family law—not only because of the complicated laws but also because of the intense emotional dynamic. For most parents, their children are the most important thing in their lives. They want what’s right for their children, and they also want the opportunity to spend as much time with them as possible. Working out a custody arrangement can be difficult with this dynamic, as it’s hard for anyone to accept less time with their children.

Having a thorough child custody lawyer is imperative for those wanting to ensure that their interests are well-represented in negotiations or before the court. Our team at the Rowe & Manning Law Firm LLC is prepared to resolve every kind of child custody issue, including the most challenging. We understand how to make the argument that what you’re seeking is also in your child’s best interests.

In addition to child custody and visitation, our firm represents clients in a number of other issues, including:

• Child support
• Paternity
• Adoption
• Nonfamily law areas

Contact the Rowe & Manning Law Firm LLC today to discuss your child custody or other legal matter.