Custody

Divorce, child custody disputes and other life changes have lasting effects on your children. You want what’s best for your kids, which isn’t just a short-term solution. Both the process and the results of your settlement will impact them, which is why it’s important to choose the right lawyer. We’re counsel with a conscience. We care about our clients – both in the courtroom and also as people in general.We will guide you through the process & defend you with unmoving conviction.

 

Where you live, your profession, your income, availability and your behavior patterns will affect the custody decision of your case. Through it all, your relationship with your kids is the most important factor. We’ll review your case and help you know what the court is looking for to get the best overall results.

·         The central test for awarding visitation rights is what is in “the best interest of the child.”
·         All non-custodial parents are entitled to access and visitation with their minor children, UNLESS THERE IS AN ALLEGATION OF ABUSE.

If the parents agree who is to have custody, the court shall award custody in accordance with their agreement unless the best interest of the child requires a different award. In the absence of an agreement, or if the agreement is not in the best interest of the child, the court shall award custody it feels is in the childs best interest. The court shall consider all relevant factors in determining the best interest of the child. Such factors may include:

The love, affection, and other emotional ties between each party and the child.

The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.

The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.

The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.

The permanence, as a family unit, of the existing or proposed custodial home or homes.

The moral fitness of each party, insofar as it affects the welfare of the child.

The mental and physical health of each party.

The home, school, and community history of the child.

The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.

The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.

The distance between the respective residences of the parties.

The responsibility for the care and rearing of the child previously exercised by each party.

Domicilliary status is awarded when it is obvious to the Court that the parties will be able to agree about major decisions effecting the minor child(ren) at issue.

Get In Touch

600 Jefferson Street Suite 1103 Lafayette La 70501
(337) 456-2777
firm@bertuccinilaw.com