When a family separates in Lake Charles, Louisiana, few matters are more emotionally charged
and critical than decisions about child custody and visitation. At The Colonna Law Firm, LLC,
we understand the profound importance of these arrangements for your children’s well-being and
your continued relationship with them. Our dedicated Lake Charles child custody attorneys
are committed to guiding you through this complex process with compassion, strategic advocacy,
and a focus on achieving stable and positive outcomes.
While our philosophy prioritizes negotiation and settlement to minimize conflict and keep
decision-making power in your hands, we are also fully prepared to litigate fiercely in court
when your child’s best interests or your parental rights demand it.
Understanding Child Custody in Louisiana: The “Best Interest of the Child”
Louisiana law mandates that all child custody and visitation decisions be made in the “best
interest of the child.” This is the paramount concern for judges, who act as fiduciaries, actively
pursuing the course of conduct that most benefits your child’s mental, physical, material, and
social well-being and health.
Types of Custody in Louisiana:
- Joint Custody (The Presumption):
o Louisiana law strongly presumes that joint custody is in the child’s best
interest. This means parents share the legal authority and responsibility for major
decisions, and the child has frequent and continuing contact with both parents.
o Even in joint custody, a “domiciliary parent” is often designated – this is the
parent with whom the child primarily resides and who has the authority to make
day-to-day decisions. Both parents have an obligation to exchange information
and confer on major decisions.
o Shared Physical Custody: In some joint custody arrangements, physical time
with the child can be shared nearly equally (e.g., 50/50), if feasible and in the
child’s best interest. - Sole Custody:
o Sole custody means one parent has exclusive legal and physical custody of the
child. This is less common and is typically only awarded when there is clear and
convincing evidence that joint custody would be detrimental to the child’s well-
being (e.g., in cases involving abuse, severe neglect, or chronic substance abuse
by one parent). The other parent may still have supervised visitation rights.
Legal Custody vs. Physical Custody:
Legal Custody: Refers to the right and responsibility to make major decisions regarding
your child’s upbringing, including education, healthcare, and religious instruction.
Physical Custody: Determines where the child lives primarily and the specific schedule
for when each parent has the child. This includes the visitation schedule.
Crafting a Comprehensive Parenting Plan (Custody Agreement)
Whether you reach an agreement through negotiation or the court intervenes, a detailed custody
implementation order (parenting plan) is essential. This plan outlines:
Physical Custody Schedule: Daily, weekly, bi-weekly, or other arrangements for when
the child is with each parent.
Holiday Schedules: Clear division of holidays, birthdays, and special occasions.
Vacation Time: How longer breaks from school will be shared.
Decision-Making Authority: How parents will make choices about the child’s
education, medical care, extracurricular activities, and religious upbringing.
Communication Protocols: Guidelines for how parents will communicate with each
other regarding the child.
Transportation: Responsibilities for picking up and dropping off the child.
Our Lake Charles child custody lawyers help you create a robust parenting plan that is tailored
to your family’s unique needs and provides stability for your children.
Factors Louisiana Courts Consider for Custody
When parents cannot agree on a custody plan, a judge will weigh various factors to determine
what is in the child’s best interest. These include:
The love, affection, and emotional ties between each parent and the child.
Each parent’s capacity and disposition to provide love, affection, spiritual guidance, and
to continue the child’s education and rearing.
The capacity and disposition of each parent to provide the child with food, clothing,
medical care, and other material needs.
The length of time the child has lived in a stable, adequate environment and the
desirability of maintaining continuity.
The permanence of the existing or proposed custodial home(s).
The moral fitness of each parent (insofar as it affects the child’s welfare).
The mental and physical health of each parent.
The child’s home, school, and community history.
The child’s reasonable preference, if the court deems the child of sufficient age to express
one.
The willingness and ability of each parent to facilitate and encourage a close and
continuing relationship between the child and the other parent.
Any history of abuse (physical, sexual, or emotional) or neglect by either parent.
Child Custody Modifications & Relocation
Life circumstances change, and sometimes, a previously ordered custody or visitation plan no
longer serves the child’s best interests.
Custody Modifications: To change an existing custody order, you generally need to
demonstrate a “material change in circumstances” since the last order was issued, and
that the proposed change is in the child’s best interest. This can include changes in work
schedules, a child’s needs, or a parent’s living situation.
Child Relocation: If a parent with custody plans to move the child’s primary residence
out of state, or more than 75 miles from the other parent within Louisiana, specific legal
procedures must be followed. This typically involves providing formal notice to the other
parent, who then has the right to object. The court will then determine if the relocation is
in the child’s best interest.
Our firm can assist you with seeking or opposing a custody modification or relocation request.
Enforcement of Custody & Visitation Orders
When one parent fails to follow a court-ordered custody or visitation schedule, it can be
incredibly frustrating and damaging to the child. Our Lake Charles child visitation attorneys
can help you enforce existing orders through legal action, which may involve motions for
contempt of court to ensure compliance.
Why Choose Colonna Law Firm, LLC for Custody and Visitation in Lake Charles?
Child custody cases are inherently emotional and require a strategic yet sensitive approach. At
The Colonna Law Firm, LLC, we offer:
Personalized Approach: We take the time to understand your unique family dynamics
and your specific goals for your children’s future.
Negotiation First Philosophy: We believe in empowering our clients to make
decisions for their family, not leaving it solely to a judge. We actively pursue out-of-
court settlements and mediation to achieve fair and lasting agreements, reducing
conflict and emotional distress.
Trial Readiness: While we champion amicable resolutions, we are experienced
litigators fully prepared to go to court and vigorously defend your parental rights and
your child’s best interests if a fair settlement cannot be reached.
Strategic & Honest Counsel: We provide clear, realistic advice, helping you set
achievable goals and navigate the legal landscape effectively. Due to the emotional and
financial investment required, we are very selective in which highly litigious contested
custody cases we take on, often referring them to other trusted local attorneys who
specialize in prolonged court battles, to ensure our clients receive the best fit for their
specific needs. Our focus is on efficient, client-centered solutions.
If you are facing a child custody or visitation matter in Lake Charles, LA, or Calcasieu Parish,
you need a legal partner who understands both the law and the profound human element
involved.
Contact The Colonna Law Firm, LLC today for a confidential consultation. Let us help you
protect your children’s future and secure a stable path forward.