Custody and the Best Interests of the Child

Custody and the Best Interests of the Child

What are the factors courts consider in determining the best interests of the child for the purposes of child custody?

When determining the best interests of the child, Louisiana Courts refer to the factors listed in Louisiana Civil Code Article 134.

“The court shall consider all relevant factors in determining the best interest of the child. Such factors may include:

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

(2) 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.

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

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

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

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

(7) The mental and physical health of each party.

(8) The home, school, and community history of the child.

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

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

(11) The distance between the respective residences of the parties.

(12) The responsibility for the care and rearing of the child previously exercised by each party.”

For more information about Custody and Divorce or the Lawyers at Epstein Law Firm in New Orleans, visit our website at epsteinattorney.com or give us a call at (504) 309-6600.

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