Gonzales Child Custody Lawyer

Gonzales Child Custody Attorney

Even though most parents want good things for their children, they might not agree on what that is. Louisiana’s courts focus on the child’s well-being, and understanding the process can help parents move forward. A Gonzales child custody lawyer can protect your child’s interests and assert your parental rights. A local family lawyer in Gonzales can protect your child’s interests, assert your parental rights, and help guide you through the complexities of child custody matters.

Caring Support for Families

The Rowe & Manning Law Firm LLC has fought for parents’ rights in Louisiana for over 15 years. We take a direct, no-nonsense approach to custody disputes so our clients can receive strong representation in court. We also have experience in multiple areas of law, staying ahead of legal trends to offer the ideal strategies for our clients.

Types of Child Custody

Custody decisions fall into legal and physical categories. Legal custody allows a parent to make choices about the child’s upbringing, including school enrollment and medical care. In many cases, parents share legal custody so both parents have a say in major decisions.

Physical custody determines where the child lives and who manages their daily routines. Parents may share time equally, but one often serves as the primary parent, while the other receives visitation. If a judge finds one parent unfit due to issues like abuse or neglect, sole custody may be awarded. In those cases, the non-custodial parent may receive limited or supervised visitation.

Deciding Factors in Custody Cases

The child’s well-being drives all custody decisions. Judges assess safety and stability, following Louisiana’s legal standard. A parent’s history, including substance abuse or criminal behavior, can affect the court’s ruling.

Parental fitness also has a major role. Judges consider each parent’s ability to meet their child’s needs and maintain a structured home. The willingness to foster a positive relationship with the other parent also matters. If a mature child expresses a preference, the court may weigh their opinion but will not base the decision solely on that choice.

Common Custody Arrangements

Most cases result in joint custody, though the exact schedules can vary. Some parents split time equally, but many follow a plan where the child lives primarily with one parent while the other has extended visitation. Common arrangements include alternating weekends, shared holidays, and weekday visits.

Sole custody arises when one parent cannot provide a safe or stable home. In those cases, the non-custodial parent may receive limited or supervised visitation. A court may ban contact entirely if a parent poses a danger. If either parent wants to change an existing custody order, they must show a material change in circumstances and prove that the changes serve the child’s interests.

Parental Rights and Responsibilities

If a parent has custody of their child, this gives them several rights and responsibilities. According to Louisiana Civil Code Article 136, parents must follow several rules, including:

• Visitation rights. A non-custodial parent usually has visitation rights. These can either be set by the court or agreed upon privately. In some situations, these visitations may be supervised, especially if the parent has a criminal background.
• Parenting plans. A parenting plan is needed to outline how often each parent spends time with their children. Plans detail when children spend time with each parent. They also include unique circumstances, like weekends, holidays, and summer vacations.
• Legal obligations. Both parents must follow the court order. The primary parent makes major daily decisions, but joint legal custody means both parents have input. Violating the order can lead to penalties, including changes to custody or contempt charges.
• Consequences of violating a custody order. A parent who denies court-ordered visitation can face legal action. Courts can impose fines or modify custody as a result. If a parent refuses to return a child after visitation, law enforcement may intervene.

Other circumstances may arise in some custody cases, including one parent wanting to move or other family members, like grandparents, being involved.

Custody Disputes

If parents cannot agree on custody, a judge will decide based on evidence and testimony. Each parent presents their case, including documentation of their involvement and any concerns about the other parent’s ability to provide a case. Witnesses may also testify about the child’s environment and well-being.

FAQs About Gonzales, LA Child Custody Law

How Can a Parent Increase Their Chances of Getting Custody?

A parent can increase their chances of getting custody by showing how they can provide a stable, supportive home. Judges consider factors like financial stability and willingness to foster the child’s relationship with the other parent. Keep a detailed record of involvement, including school activities and medical appointments. Avoid conflict by following court orders, and maintain a cooperative attitude to strengthen a case.

Can a Child Choose Which Parent to Live With?

A child can only choose which parent to live with if they are old enough. Louisiana law allows a judge to consider a child’s preference if they show enough maturity, typically when they are around age 12. The court weighs the child’s reasoning rather than treating their choice as the deciding factor. A preference based on emotional bonds or stability carries more weight than one influenced by convenience or parental pressure.

What Is the Difference Between Legal and Physical Custody?

The difference between legal and physical custody lies in who is allowed to make certain kinds of decisions. Legal custody gives a parent authority over major decisions, including education, healthcare, and religious upbringing. Physical custody determines where the child lives and who handles daily care.

Joint legal custody is common, meaning both parents share decision-making responsibilities.

Can a Parent Modify a Custody Agreement After the Court Order?

A parent can modify a custody agreement after the court order. If a parent proves a material change in circumstances, an order can be changed through court action. A judge considers factors like relocation, a parent’s new job schedule, or evidence of neglect. The requesting parent must show that modifying custody benefits the child’s well-being. Courts generally hesitate to disrupt stability, so minor inconveniences do not justify a change.

Parental Rights Are Worth Fighting For

Parents want a good future for their children. Child custody decisions shape that future, so every choice matters. Schedule a consultation with the Rowe & Manning Law Firm LLC to learn how the law works and what options exist for building a stable future for your family.