Louisiana Divorce Laws

Louisiana Divorce Laws regarding Child Custody

In case the parents are in complete agreement regarding a child custody plan, such an agreement is accepted by the Court unless the best interests of the child need a different plan. If there is no such agreement or the agreement is not in the best interests of the child, then the Court awards joint custody to the parents. If there is sufficient proof that the best interests of the child are served by custody with one particular parent, then the Court awards custody to that parent. To determine the best interests of the child, the Court contemplates the following factors –

• The responsible outlook regarding the rearing and the care of the child shown by the partners in the past
• By what distance the residences of the partners are separated
• The capacity and readiness of each partner to promote a continued and close relation amongst the other partner and the child
• If the Court thinks that the child is of enough age to make a preference, then the reasonable preference of the child
• The history of the child in community, school and home
• The physical and mental health of both partners
• The moral fitness of the partners with respect to the welfare of the child
• Whether the proposed or existing custodial residences are permanent ones
• The duration for which the child has resided in an adequate and stable ambience and the wish to continue the same ambience
• The nature and ability of each partner to offer the child medical care, clothing, food and other material needs
• The nature and ability of each partner to offer spiritual guidance, affection and love to the child and to carry on with the rearing and education of the child
• The emotional ties, affection and love amongst the child and each partner

Louisiana Divorce Laws regarding Spousal Support

The Court may order one partner to offer spousal support to the partner requesting support, if the partner requesting support is in need of support and not at fault. The capacity of the partner, who would offer support, to pay is also taken into account. To finalize the amount and duration of support, the Court is guided by the following issues –

• The period essential for the partner requesting support to attain sufficient education, training or employment
• How the earning ability of a partner is effected by child custody
• The earning abilities of both the partners
• The economical obligations of both the partners
• The money awarded to the partner should not be more than one-third of the obligor’s gross income
• The effects on tax for both partners
• The period of marital life
• The age and health of the partners

The responsibility of spousal support ceases in the following events –

• Death of either partners
• Remarriage of the supported partner
• A judicial determination stating that the supported partner has resided with another individual of either sex in a way identical to married individuals

Divorce Papers