Child Custody

Jefferson Parish and New Orleans Child Custody Attorney

When a court considers a child custody matter, whether within or outside of the context of a divorce, the primary benchmark in determining custody is the best interests of the child. The law firm of Gary S. Brown, LLC understands the delicate balance that our clients must strike between their interests and the best interests of their children. We attempt to resolve matters in a manner that benefits our clients and their children.

If the parents reach a custody agreement, the court will award custody in accordance with their agreement unless the best interest of the child requires a different award. The parents' agreement could be for sole or joint custody or even custody to a third person. A plan agreed to between the parties is preferable to a court-ordered plan, provided the best interest of the child is met.

In the absence of an agreement, the court shall award custody to the parents jointly. Consequently, joint custody is no longer just presumed to be in the best interest of the child, it is mandated absent an appropriate parental agreement for another custodial arrangement.

If joint custody is decreed, the court will establish, or the parties should present to the court, a joint custody implementation plan. The implementation plan, among other things, allocates the periods during which each parent has physical custody of the child so that the child is assured of frequent and continuing contact with both parents. It also should allocate the legal authority and responsibility of each parent, such as in decision making. Our firm has developed, gained judicial approval of, and implemented scores of joint custody implementation plans. We will develop a plan for you.

A judgment of custody is never permanent; it can be modified under certain circumstances. A stipulated custody order is one where the parties consent to a custody arrangement and no evidence of parental fitness is presented to the court. A parent seeking modification of a stipulated custody order must prove that there has been a material change of circumstances since the original custody decree was entered. A considered decree is an award of custody in which the court receives evidence of parental fitness of a parent to exercise custody of a child. When a considered decree is at issue, the party seeking a change of custody must prove that a continuation of the present custody is so deleterious to the child as to justify a modification of custody. Our firm can evaluate whether your particular circumstances may suffice to modify custody. And if they do, we will aggressively pursue your action for modification of custody.

A parent not granted custody or joint custody of a child is entitled to reasonable visitation rights to his or her child. The law recognizes the non-custodial parent's entitlement to reasonable visitation unless it is shown it would seriously endanger the child's mental, moral, or emotional health. If you are being deprived of visitation with your child, give us a call and we will ensure that you get your proper visitation.

This just scratches the surface of the law of child custody. Contact a child custody lawyer at Gary S. Brown, LLC today to discuss all of your child custody issues during a free initial consultation.