Child Custody Attorneyin New Orleans, Louisiana
Child custody matters are among the most emotionally charged legal issues a family can face. Louisiana courts make custody decisions based on the 'best interest of the child' standard, considering factors that range from each parent's moral fitness to the stability of the home environment.
Richard J. Wolff, also known as Wolf The Lawyer, provides compassionate and strategic custody representation throughout New Orleans, Houma, Jefferson Parish, and surrounding Southeast Louisiana parishes. Whether you are going through an initial custody determination or seeking to modify an existing arrangement, Richard fights to protect your parental rights.
Understanding Louisiana's custody laws, including the distinction between legal and physical custody, joint and sole custody arrangements, and the factors judges consider, is essential to achieving a favorable outcome for your family.
Types of Custody in Louisiana
Louisiana law recognizes both legal custody (the right to make decisions about the child's upbringing, education, healthcare, and religion) and physical custody (where the child lives). Custody can be awarded as sole custody to one parent, or joint custody shared between both parents. Joint custody is the preferred arrangement under Louisiana law unless it is shown not to be in the child's best interest.
The Best Interest of the Child Standard
Louisiana courts evaluate multiple factors when determining custody, including: the love, affection, and emotional ties between each parent and child; each parent's capacity to provide food, clothing, medical care, and education; the child's established living pattern; the mental and physical health of each parent; the distance between the parents' homes; and the child's own preference if the child is of sufficient age and maturity.
Custody Modifications
If circumstances have materially changed since the original custody order, such as a parent relocating, a change in work schedule, concerns about the child's safety, or the child's evolving needs, you may petition the court for a custody modification. Richard Wolff helps parents navigate modification proceedings efficiently, building strong evidence to support the requested change.
Child Support in Louisiana
Child support in Louisiana is calculated using specific guidelines based on both parents' incomes, the number of children, and the custody arrangement. The court can also consider extraordinary expenses such as healthcare, education, and special needs. Richard Wolff ensures child support calculations are accurate and fair, and assists with enforcement or modification when circumstances change.
Frequently Asked Questions
At what age can a child decide which parent to live with in Louisiana?
Louisiana law does not set a specific age at which a child can choose. However, the court may consider the child's preference as one factor among many if the child is of sufficient age and maturity. Generally, judges give more weight to a teenager's preference than a younger child's.
What is joint custody in Louisiana?
Joint custody means both parents share in the major decisions affecting the child (legal custody) and the child spends significant time with both parents (physical custody). Louisiana law presumes joint custody is in the best interest of the child, unless contrary evidence is shown.
Can I modify a custody order in Louisiana?
Yes. You can petition the court for a modification if there has been a material change in circumstances since the last custody order was issued. Examples include a parent relocating, a change in work schedule, safety concerns, or significant changes in the child's needs.
How is child support calculated in Louisiana?
Louisiana uses an income shares model that considers both parents' gross incomes, the number of children, health insurance costs, childcare expenses, and the custody arrangement. The guidelines produce a specific monthly obligation that can be adjusted for extraordinary circumstances.
What if the other parent is not following the custody order?
If a parent is violating a custody order, you can file a Rule for Contempt of Court. The violating parent can face penalties including fines, make-up custody time, attorney fee awards, and in extreme cases, modification of the custody arrangement in your favor.
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