Joint custody with tie breaking authority is a legal arrangement in Louisiana that allows both parents to have equal decision-making power concerning important matters related to their children's upbringing. In this type of custody arrangement, parents are required to co-parent and collaborate in making major decisions regarding the child's education, healthcare, religion, and general welfare. Tie breaking authority is an additional aspect of joint custody in Louisiana that comes into play when the parents are unable to reach an agreement on a particular issue. It grants one parent the final say in making decisions when there is a deadlock or significant disagreement between the parents. This authority ensures that important decisions are made promptly for the child's best interest, even if both parents cannot agree. There are various types of joint custody with tie breaking authority recognized in Louisiana, each with slight differences and levels of authority: 1. Joint Legal Custody with Tie Breaking Authority: This is a common form of joint custody where both parents participate in decision-making, but one parent has the final authority in case of a tie. 2. Joint Physical Custody with Tie Breaking Authority: With this type of custody, parents share physical custody of the child, allowing the child to spend significant time with each parent. Tie breaking authority is established in regard to major decisions. 3. Joint Legal and Physical Custody with Alternating Tie Breaking Authority: In this arrangement, parents share both legal and physical custody of the child. However, the tie breaking authority alternates between the parents, ensuring fairness and equal decision-making power over time. 4. Joint Legal and Physical Custody with Primary Tie Breaking Authority: Under this arrangement, one parent serves as the primary custodian, having the initial authority to make decisions. However, the non-custodial parent may have the tie breaking authority in case of disagreement. Regardless of the specific type of joint custody with tie breaking authority, the ultimate goal remains the same — to prioritize the child's best interests and ensure that both parents play an active role in decision-making, even in circumstances where agreement cannot be reached.
Joint Custody Louisiana With Tie Breaking Authority
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Courts sometimes award joint legal custody, and select a parent to make a final decision if they cannot agree. This is sometimes called tie-breaker authority. ? Sole legal custody: One parent makes long-term decisions without having to come to an agreement with the other parent.
Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit. Most cases where a parent is deemed unfit, Child Welfare Services has been involved and there may be a safety plan or an open active investigation against the parent.
1. Exercise your parental rights. To win a child custody case, you must be able to show the court that you have been, are, and will be, involved in your child's life on a consistent basis. The first step is to take advantage of your parental rights and see your children regularly.
The Court will consider the "capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs." Capacity is not limited to whether the parent can afford to buy these things. A parent may have the ability to purchase them, but not the disposition to do so.
In a joint custody arrangement, both parents are awarded legal custody of their child but not equal physical custody. Essentially, both parents have the rights and responsibilities of joint custodians (responsibility to confer, right to visitation, etc.) but they do not equally share the physical custody of the child.