Q: Im trying to get joint custody of my child but ive been in trouble with the court system before. What should or can i do
A:
You can still file for joint custody. Some areas in Louisiana have family self-help centers that provide forms and guidance in child custody issues if you cannot afford a private attorney. Your trouble with the court system may be taken into consideration; however, the decision will not be based on that alone. There are a number of factors that Louisiana courts take into consideration when awarding custody. Custody is awarded based on the best interest of the child. I have listed them below. You should assess your standing amongst all the factors when considering filing for joint custody.
Art. 134. Factors in determining child's best interest
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.
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