Advocating For The Best Interests of Children in Mandeville, St. Tammany Parrish, and Surrounding Areas
You may feel your right to parent your children is indisputable, but when it comes to divorce, this won’t be the case. It may feel unfair or even insulting, but the court will examine your ability to be a good provider to your children. In contentious cases where you and your spouse can’t agree on custody, opposing counsel will try to argue that you aren’t the parent you know yourself to be. If you’re up against any kind of child custody challenge, we can help.
At Lindsey S. Olsen, Attorney at Law, our Covington child custody lawyer knows that fighting for custody and visitation of your children means you care about keeping your family together. We understand how important it is to achieve a favorable outcome, which is why we’ll focus on working with you to make this difficult time clearer.
Whether you’re seeking full or joint custody in Louisiana, or fair visitation privileges, Lindsey S. Olsen, Attorney at Law will work with you every step of the way toward getting results that matter.
Need help with child custody matters?Contact us today at (985) 256-3553 for a consultation with an experienced attorney.
Types of Child Custody in Louisiana
The state of Louisiana recognizes two types of custody: legal and physical. Legal custody over a child determines major decisions for certain areas of a child’s life such as schooling, religious upbringing, and healthcare. Physical custody determines how much time and with which parent a child lives.
Legal and physical custody can each be awarded either solely or jointly. If both are awarded solely to a parent, that person lives with the child full-time and makes every major decision for them.
If legal custody is awarded jointly, then parents must work out a plan – or have one ordered by the court – that works out how they share decision-making responsibilities for a child’s life.
If physical custody is jointly awarded, then the child’s time is split between both parents by court order.
If you’re seeking any level of custody over your children or are interested in learning more about relocation in Covington, having qualified and competent child custody lawyer in St. Tammany Parish is your best shot at achieving your goals.
How Child Custody Is Determined in Louisiana
There are 14 factors that the state of Louisiana that courts examine to determine child custody in St. Tammany Parish. At the end of the day, the court’s goal is to award custody to parents or guardians who it believes are best able to provide children with the love, care, and resources they need.
Factors that determine a child’s best interest include:
Potential for child abuse
Love, affection, and emotional ties a child has to each party
Capacity for either party to give a child love, affection, spiritual guidance, and continue the child’s education and rearing
Whether or not either party can and will provide food, clothing, medical care, and other such needs
Length of time the child has lived in a stable, adequate environment, and if they should continue living there
The permanence, as a family unit, of existing or proposes custodial home or homes
Moral fitness of each party related to how it affects the child’s welfare
History of drug use, violence, or other criminal activity
Mental and physical health of each party, except that the effects of abuse on one parent caused by the other are not grounds for denying the abused parent custody
Who the child prefers to live with, if the court deems a child is old enough to reasonably express preference
How willing each party is to encourage and facilitate a close relationship with the opposing party, except when there’s evidence of abusive, reckless, or illegal conduct from one party that can adversely affect a child’s well-being
Distance between each party’s respective residences
Responsibility for the care and rearing of the child already performed by each party
Modifying Child Custody Orders
Custody arrangements aren’t always permanent. Life circumstances can change, and sometimes a modification of the custody order is necessary.
Why Custody Orders are Modified: Courts can modify custody arrangements if there is a significant change in circumstances. These changes may include:
A parent’s relocation to a different city or state
Changes in a parent’s work schedule or living situation
The child’s preferences or needs evolving as they grow
A parent’s health condition changing, making them unable to care for the child
Factors Courts Consider: When deciding whether to modify a custody order, the court considers:
The child's best interests: What is best for the child in the long term?
Parental fitness: Is the requesting parent able to provide a safe and stable environment?
The child’s relationship with both parents: How strong is the bond, and how will the change impact it?
Stability: Will the change improve or disrupt the child’s current living situation?
How to Petition for a Modification:
File a motion with the court outlining why a change is needed.
Provide evidence to support your claim, such as documents or testimony that show a change in circumstances.
Attend a hearing where both parties can present their arguments. The judge will decide whether to approve the modification.
Grandparents' Rights in Child Custody
In some cases, grandparents may play a significant role in a child’s life, and they may seek visitation or custody.
Grandparents’ Role: Grandparents can request visitation rights or even custody if it is in the best interests of the child. This usually occurs if:
The parents are unfit or unable to care for the child
The child’s parents are deceased, divorced, or estranged from the child
Legal Process: Grandparents can file a petition in family court for visitation or custody. They must demonstrate that the child’s well-being would benefit from maintaining a relationship with them.
Court Considerations: When deciding whether to grant grandparents’ rights, the court considers:
The relationship between the grandparents and the child
The parents' objections, if any, and the reasoning behind them
The child's emotional and physical needs
The impact on the child’s relationship with their parents
Parental Alienation in Custody Cases
Parental alienation occurs when one parent intentionally undermines the relationship between the child and the other parent.
What is Parental Alienation?: It involves actions by one parent to manipulate the child’s feelings toward the other parent, often through negative comments or limiting contact.
How It Manifests: Examples of parental alienation include:
Telling the child lies about the other parent
Preventing or limiting the other parent’s access to the child
Encouraging the child to reject or fear the other parent
Legal Remedies: Courts take parental alienation seriously, as it can harm the child's emotional development and their relationship with both parents. Remedies may include:
Modifying custody to limit the alienating parent's influence
Requiring therapy for the child or parents
Awarding the targeted parent additional custody or visitation time
Addressing parental alienation early is crucial to protecting the child’s relationship with both parents. Courts aim to ensure that children maintain healthy relationships with both parents unless there are safety concerns.
Who is Ineligible For Custody?
A “history” of domestic violence, family violence, or sexual abuse can be established by a single event at any time in the past if a preponderance of evidence is presented to the court. When this kind of history is established against a parent, they will not be awarded sole or joint custody.
Except for sexual abuse, parents who are ineligible for custody may receive supervised visitation rights. Our St. Tammany Parishfamily law attorney can help you navigate these difficult questions.
Frequently Asked Questions (FAQs)
Can I modify a custody arrangement if the other parent is not following the current order?
Yes, if the other parent is not complying with the custody agreement, you can file a petition to the court to modify the arrangement. The court may adjust the custody order to ensure the child’s best interests are met, including enforcement of the original order.
How can I prove that my ex-spouse is alienating my child from me?
To prove parental alienation, you will need to provide evidence of consistent behaviors that undermine your relationship with your child, such as the child being coached to say negative things about you or being prevented from spending time with you. This may include witness testimonies, text messages, or other documented behavior patterns.
What happens if my child expresses a preference for one parent over the other?
If your child is old enough and able to express their preference in a reasonable and mature way, the court may consider this when making a custody decision. However, the child's preference is just one factor among many, and the court will assess whether the choice aligns with the child’s best interests.
Can grandparents seek custody if their grandchild is in a dangerous situation?
Yes, grandparents can seek custody if they believe the child is in an unsafe or neglectful environment. They must demonstrate that the child's best interests are served by being placed with them. The court will assess the situation and decide based on the child’s safety and well-being.
How long does it take to modify a custody order?
The time it takes to modify a custody order depends on various factors, such as the complexity of the case and the court's schedule. Generally, a custody modification can take several months to finalize, but it’s best to work with an attorney to ensure that the process is as efficient as possible.
Can I request supervised visitation for my ex-spouse?
Yes, if you believe that your ex-spouse poses a risk to your child's safety or well-being, you can request supervised visitation. The court will assess whether supervision is necessary to protect the child, and it may approve supervised visits depending on the circumstances.
What should I do if I think my ex-spouse plans to move out of state with our child?
If your ex-spouse intends to move with your child, they must seek permission from the court first, especially if there is a custody order in place. You can file an objection if you disagree with the move, and the court will decide whether relocation is in the best interests of the child.
Lindsey is a lifelong resident of the Northshore, having graduated from Fontainebleau High School. She then went on to receive a Bachelor of Arts from Louisiana State University, and her Juris Doctor from Loyola University New Orleans College of Law. During her time spent at Loyola University New Orleans College of Law, she was a student practitioner in the Family Law Section of the Stuart H. Smith Law Clinic and Center for Social Justice.
When my father passed away. We reached out to Lindsey Olsen to do his succession. It was a very difficult time for my mother, brother, and I. She was incredibly patient and professional. All our questions were answered and the process was as smooth as possible. She proved to be reliable, trustworthy and honest. We will definitely use her services again.
Cheraine
“She is very organized and efficient and clearly explained the final steps of the process.”
Lindsey Olsen provided an excellent service and put her vast knowledge of family and estate planning on full display. She is a true professional and made all of the concerning legal matters regarding our wills and continuing tutorship for our special needs son a walk in the park. She is very organized and efficient and clearly explained the final steps of the process. We enjoyed working with Lindsey and certainly recommend her to other prospective clients.
Lisa & Craig
“I am so grateful for her services.”
Lindsey has such a calm and empathetic demeanor. She offered so much emotional support for my family and I while remaining focused on our best interest at all times, she explains everything in detail, and is readily available to answer any of my questions. Lindsey is knowledgeable, trustworthy, and to the point. I am so grateful for her services.
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