Metairie and New Orleans Child Custody and Visitation Attorney
Child custody and visitation issues can feel overwhelming, especially when you are unsure what will be next for your family. A clear custody plan can help create structure, reduce uncertainty, and give everyone a better path forward. Our goal is to help you understand your options, put a workable plan in place, and protect what matters most to you and your children.
Child Custody and Visitation
Going through a divorce or facing child custody and visitation challenges can be a stressful and emotional experience. Child custody arrangements have a profound impact on a child's emotional, social, and developmental well-being. A stable and predictable environment where both parents can continue to play a significant role in their lives is crucial for children adjusting to the changes brought on by divorce or separation. At Moisant Law Firm, we understand the importance of protecting your children's well-being and ensuring you have a fair and lasting parenting plan in place. We will work tirelessly to advocate for your parental rights and achieve an outcome that prioritizes your children's best interests.
Why Should a Court Order Child Custody and Visitation?
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While some parents are able to reach an amicable agreement on child custody and visitation outside of court, unfortunately, this isn't always the case. A court-ordered parenting plan provides a clear and enforceable legal framework that minimizes future conflict and ensures both parents fulfill their obligations to the child. This established plan can also help maintain a sense of normalcy and stability for the child during a time of significant emotional time. We will work tirelessly to advocate for your parental rights and achieve an outcome that prioritizes your children's best interests through a legally binding court order that protects everyone involved.
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How Does Child Custody and Visitation in Louisiana Work?
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When parents are navigating custody, Louisiana law strongly encourages them to reach an agreement out of court. Parents can collaborate, negotiate, and submit their own consent agreement and joint custody implementation plan to the court for approval. As long as the agreed-upon plan serves the best interest of the child, courts typically approve it, allowing families to avoid a contested trial.
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If parents cannot reach an agreement, Louisiana courts step in to determine custody based strictly on the best interest of the child (La. Civ. Code art. 131). The court evaluates 14 statutory factors under La. Civ. Code art. 134, including each parent's ability to provide love and guidance, the stability of the home environment, health and moral fitness, school history, and each parent's willingness to facilitate a close relationship with the other parent.
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Types of Child Custody in Louisiana
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Joint Custody: Louisiana law presumes joint custody is in the child's best interest unless proven otherwise (La. Civ. Code art. 132). Whether negotiated by parents or ordered by the judge, joint custody requires an Implementation Plan detailing physical custody schedules and parental responsibilities. Louisiana law provides that physical custody should be shared equally when feasible and in the child's best interest.
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Domiciliary Parent: In joint custody arrangements, the court or the parents' agreement typically designates one parent as the domiciliary parent. This parent has primary authority to make major decisions (medical, educational, religious) for the child, though the non-domiciliary parent retains the right to review those decisions in court.
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Sole Custody: Sole custody is awarded only when a parent proves by clear and convincing evidence that sole custody to one parent is in the child's best interest (La. Civ. Code art. 132). The non-custodial parent remains entitled to reasonable visitation unless the court finds, after a hearing, that visitation would cause substantial harm to the child.
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How We Can Help You Create A Parenting Plan
Whether you and your co-parent are ready to collaborate out of court or need strong representation in a contested custody proceeding, we guide you through every step of creating a legally binding Joint Custody Implementation Plan. We help parents resolve custody matters efficiently through negotiated agreements and aggressively advocate for your rights in court when an agreement isn't possible:
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Physical Custody & Schedules: We negotiate clear daily and weekend schedules out of court to fit your family's routine. If your case goes to trial, we organize your documentation and present a clear case for why your proposed schedule serves your child’s daily stability and best interest.
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Holidays, Vacations & Exchanges: We help you establish detailed rotations for holidays, summer breaks, and pick-up/drop-off logistics
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Decision-Making Authority: We draft agreements that define major decision-making rights (education, healthcare, religion) and domiciliary parent status. If you cannot reach an agreement, we advocate in court to protect your legal right to participate in major decisions for your child.
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Child Support & Expense Allocation: We review statutory Louisiana child support guidelines to ensure calculations are accurate, including examining income records for potential hidden income or underreported earnings. We then finalize fair terms for basic support, health insurance, tuition, and extracurricular costs through a consent judgment or court ruling.
Contact Moisant Law Today for a Consultation​
The decisions made regarding child custody and visitation can have a lasting impact on your family. Contact Moisant Law Firm today to schedule a consultation with a compassionate and experienced child custody attorney in Metairie or New Orleans. We are here to guide you through this challenging process and protect your children's future.
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Call us at 504-317-1685 or fill out our online contact form.
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We are located in Metairie, Louisiana and serve the surrounding areas.