Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.
During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.
Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.
In Louisiana, child custody laws are designed to ensure the best interests of the child are prioritized during and after the parents' separation or divorce. Custody can be categorized as either physical (where the child lives) or legal (decision-making authority for the child), and it can be awarded as either joint or sole custody. Joint custody is presumed to be in the best interest of the child unless evidence suggests otherwise. If one parent is deemed unfit due to reasons that may harm the child's well-being, the other parent may be granted sole custody. Unfit parents may still be granted visitation rights, which can be supervised if necessary. Louisiana's child custody statutes are found in the state's Civil Code and are interpreted and enforced by family courts. These laws outline the factors that courts must consider when determining custody arrangements, such as the emotional ties between the child and each parent, the capacity of each parent to give the child love and guidance, and the child's adjustment to home, school, and community. Guardianship and adoption are separate legal arrangements from custody, with guardianship often being a temporary arrangement and adoption being a permanent legal transfer of parental rights.