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Attorneys James R. “JR” Clary, Jr., Christopher S. Suba, Casey D. Neale and Briton J. Myer

How are your child’s best interests decided in court?

On Behalf of | Aug 2, 2018 | Family Law

Going through a divorce with children may prove sad and confusing. Your children may not understand how their lives will change, nor do may they understand the meaning of your separation.

Louisiana court aims to protect and help prosper children in the middle of divorce. Looking at various aspects of a child’s life and the impact separation may have, a judge hopes to choose custody elements that best fits the need of your child. Remember that, during a divorce, the most important element of custody is the safety and security of your child.

Elements of your child’s best interests

When a court determines custody, it looks at a plan that would directly aid your child in transition. According to the Children’s Bureau of the United States, guiding principles exist for deciding exact custody requirements. In addition to other considerations, a Louisiana court may look at:

  • The health, safety and protection of your child
  • The importance of a family-like and least restrictive custody arrangement

It proves critical, for the security of your child, to understand that if the court rules certain custody decisions, it has done so for the best interest of your children. Custody arrangements may be appealed and altered, so know that decisions made in court may not have lifelong permanency.

Deciding your child’s best interests

A court will look at a variety of factors in deciding custody. With the safety and development of your children in mind, a judge may analyze:

  • The ability of you and your ex-spouse to provide a safe home with adequate food, clothing and medical care
  • The mental and physical health of each party, including the children
  • The emotional ties and relationships between children and parents, sibling and other family members
  • The presence of domestic violence in the home

Custody arrangements serve as the guiding rules of divorcing with children. A judge may consider your lifestyle, work-life balance or your relationship with your child when deciding. Your children deserve a safe, happy divorce proceeding, so remember to analyze your own financial and emotional state before demanding undue custody.