Divorce and Custody
ALSC’s family law unit provides legal counsel and advice on family law legal issues involving divorce, custody and support, adoptions and domestic violence. Our priority is to stabilize the family unit and help establish a better future for families and children.
Family Law Services
Custody is always based on the best interest of the child. The best interest factors considered by the court are:
- which parent is the primary caretaker for the child.
- the mental and physical health of the parents,
- the moral fitness of the parents,
- the ability of each parent to care for the child, and
- the ability of each parent to facilitate a relationship with the other parent.
The law presumes that joint custody is in the best interest of the child. The primary caregiver will likely be named the domiciliary parent. The domiciliary parent is responsible for the day-to-day care of the child. Joint custody requires that the parents communicate with one another in making decisions and sharing information relating to the child.
Sole custody is very uncommon and only granted in limited circumstances. Sole custody is only granted when the court finds that one parent is unfit, which usually means the parent has caused physical harm to the child. When sole custody is granted, the unfit parent may still be awarded supervised visitation. The unfit parent is not allowed to make decisions for the child.
To change a current custody judgement, you must prove a significant change in circumstances; the proposed change is less harmful to the child than the present custody order; and the proposed change is in the best interest of the child.
In Louisiana you can get a divorce if:
You have lived separate and apart for six months and do not have children born during the marriage, OR you have lived separate and apart for one year if children born during the marriage;
Parties are not yet separated but intend to live separately after filing for divorce;
Domestic Violence: you may get an immediate divorce without any waiting period when a protective order from abuse is obtained during marriage OR when allegations of abuse are proven at the divorce trial;
When a spouse is convicted of a felony;
When a spouse has committed adultery (ALSC does not handle divorce based on adultery).
A person who is not a parent is able to file for custody of a child if they can prove at trial that the parents are subjecting the child to substantial danger.
Both parents owe an equal duty to support their children. The amount of support each parents owes is based on the needs of the child and the ability of the parents based on their individual income. It is not based on custodial arrangement. ALSC can generally handle child support when it is part of divorce/custody proceedings.
Otherwise, the Department of Children and Family services (DCFS), which is the support enforcement agency of the State, has more resources to establish, modify and enforce out of state child support order.
DOMESTIC VIOLENCE
If you or your minor child are a victim of domestic violence by a spouse or partner, contact the police and go to a safe place to ensure you and your minor child’s safety first. Be sure to contact an attorney to help you evaluate your options. Below are resources that directly related to organizations that provide help and shelter if you are a victim of domestic violence.
Louisiana Statewide Domestic Abuse Assistance Hotline
1-888-411-1333
National Domestic Violence Hotline
1-800-799-7233
Family Justice Center of Acadiana
337-210-5986
Chez Hope Family Violence Crisis Center
Crisis Line: 337-828-4200
To report child abuse contact State’s Hotline at:
1-855-452-5437
The Wellspring Alliance for Families
1515 Jackson St., Monroe, LA 1202
1-318-323-1505
North Louisiana DART Hotline
1-318-251-2255
The Family Justice Center
620 Riverside Dr., Monroe, LA
1-318-998-6030
YWCA
1-318-651-9314
June N. Jenkins Women’s Shelter
CRISIS LINE 1: 1-337-462-6504
CRISIS LINE 2: 1-337-828-4200
Parishes Served: Beauregard, Vernon
Jeff Davis Communities Against Domestic Violence (CADA)
CRISIS LINE: 1-337-616-8418
Parishes Served: Jefferson Davis
OASIS: A Safe Haven For Survivors of Domestic and Sexual Violence
CRISIS LINE: 1-337-436-4552
Parishes Served: Allen, Calcasieu, Cameron
Turning Point Shelter
P.O. Box 908, Alexandria, LA 71309
1-318-445-2022
Haven Battered Women’s Program
P.O. Box 1908, Alexandria, LA 71309
1-318-442-7196
Northwest Family Justice Center
1-318-584-7171
Parishes Served: Bossier, Caddo, Webster, Bienville, Claiborne, DeSoto, Sabine, Red River
Project Celebration: Taylor House
580 Main St., Many, LA 71449
CRISIS LINE: 1-318-256-3403
Parishes Served: Bossier, Caddo, Webster, DeSoto, Sabine, Red River, Natchitoches