Louisiana Judgment on Rule Paternity, Child Support, Custody, Visitation
Description Rule Custody Louisiana
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Rule Child Custody Other Form Names
Louisiana Child Custody FAQ
Can a child choose not to visit a parent? The mere age of your child will not determine your family law matter. There have been cases before the Court where a 17 year old child's wishes were given limited weight because the basis for this child's decision was not balanced.
Some judges have stated that a 5-year-old child is too young to have an opinion on custody and won't consider such a young child's opinion at all. If the child is at least 12 years old, courts will usually give the child's preference some weight. Courts don't have to follow a child's custodial preference.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
Some states take failure to comply with a visitation order so seriously that there could be a change of custody, meaning that if the custodial parent consistently refuses to allow the other parent any time with the children, a court may decide to transfer custody of the kids to the non-custodial parent.
Can I refuse contact? Contact should only be refused where there is very good reason for doing so, for instance if there is an issue of safety or violence, when contact could be refused. Refusal to allow a parent to have contact is likely to result in an application being made to court.
In many cases, this is known as contempt of court and allows the parent to file a Motion to Show Cause for Contempt of Court. In some states, if a parent does not return the child after visitation and the custodial parent has demanded return of the child, they have 48 hours in which to do so.
When a noncustodial parent is repeatedly denied his or her rights to visit their child, it is important that the parent document each denial.A custodial parent who denies the noncustodial parent his or her visitation rights may be held in contempt of court, and be fined and/or jailed.
In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
Paying child support obligations alone is not enough of a factor for access or visitation to be given, if it is not deemed to be in the best interests of the child.