JOINT CUSTODY
Working together to raise a child or children.
Joint custody, or joint legal custody, is a term used in Louisiana that means children have two parents who will work together to raise a child or children.
Through co-parenting, they will consult with each other to make decisions in the best interest of the child or children. It does not mean a 50/50 time split with each parent.
The time spent with a child or children is called physical custody. This could be any variation of plans such as one-week/one-week, or every other weekend for one parent and the rest of the time with the other parent, etc.
There is also the term "domiciliary custody." This was supposed to mean the parent with whom the child or children live most of the time. However, it's become something that gets held over the other parent's head.
We've seen parents who say, "I'm the domiciliary parent. I get to have my way and get what I want." This was not the intent of domiciliary custody. Louisiana law favors joint custody, co-parenting, and shared decision-making, but the domiciliary parent designation allows one parent to have the final say-so if the parents have a dispute.
For example, if one parent wants the child or children to go to public school and the other parent wants the child or children to go to private school, the parent with domiciliary status has the final vote. Domiciliary custody covers issues like residence, education, and health care needs of the child or children. However, too many people have used it to lord over the other parent or control a situation leading to anger and resentment.
The goal should be for the parents to get along, and co-parent their child or children working together to enhance the children's lives. Children in divorce can have lasting trauma from the experience.
Hogan Attorneys tries, if at all possible, to avoid taking families to Court to fight for custody because we’ve represented children of former clients who have been traumatized by their parents’ divorce.
When we asked them, "What do you think about the time we had you testify in front of the Judge?" every one of them said they hated it. They hated their mother for making them testify against their father, or they hated their father for trashing their mother, or they hated both of their parents for fighting and putting them in the middle of their divorce.
In 2005, we realized it was time to change our strategy. We could help families more by not going to Court. Now, Hogan Attorneys focuses more on negotiating or mediating custody cases without going to Court.
In the last 18 years, we've been able to help families in divorce cases get through the trauma of divorce by working peacefully to resolve custody and other issues, and we now hear from children and families in these cases that this was the best way to handle the situation.
[Please Note: The information provided on this website is intended as general information provided by the Hogan Attorneys law firm. Hogan Attorneys specialize as family law attorneys in addition to criminal law and employment law. Each person's legal issues and divorce process are unique. Do not rely upon this information. If you have a particular issue that needs to be addressed, an initial consultation with a divorce lawyer or divorce attorney who understands divorce law will help you know your rights and options.]