Family law cases involving children are not
simply about winning and losing, they are about
doing what is in the best interest of the children.
It is in the family's best interest to work hard to
reach an agreement about custody. Fights over
custody inflict emotional damage on the children
and the parents, which is difficult to repair.
DECLARATION OF NULLITY
A marriage can be declared null and void when
one of the spouses did not freely consent to the
marriage. This right is lost if the complaining
spouse later "confirmed" the marriage. Some
marriages are absolutely null, as if they never
occurred, if: there was no ceremony; stand-ins
were used; it is a bigamous marriage; it is
precluded by familial relationship.
IF YOU ARE SERVED WITH LEGAL PAPERS
YOU SHOULD:
Note any hearing dates set by the court;
Realize that you have a limited time in
which to file an answer or take action;
Contact an attorney;
Immediately tell the attorney or
receptionist that you have bene served
with legal papers and there is a court date
coming up.
Battered Women’s Shelters
SNAP, New Iberia (337) 367-7627
Faith House, Lafayette (337) 232-8954
(877) 430-SAFE
Faith House, Abbeville (337) 893-3033
Faith House, Opelousas (337) 948-5974
Faith House, Crowley (337) 788-3092
Faith House, Ville Platte (337) 365-8504
Chez Hope, Franklin (337) 828-4200
(800) 331-5303
New Start, St. Martinville (337) 394-8559
LA Domestic Violence Hotline
(888) 411-1333
Turning Point, Alexandria (318) 442-7196
June Jenkin’s Women’s Shelter, DeRidder
(337) 462-6504
(800) 54-ABUSE
Calcasieu Battered Women’s Program
(337) 436-4552
(800) 233-8066
Cameron Parish Outreach Program
(337) 515-9295
LA Support Enforcement Services
(888) LAHELP-U
3A
guide to
assist
grand-
parents
who are
raising
their
grand-
children
with
basic le-
gal and
social
services
infor-
mation. If
you need
legal ad-
vice spe-
cific to your
own situa-
tion please
call an at-
torney. If
you cannot
afford an
attorney call
one of the
Legal Ser-
vices or Pro
Bono Project
offices listed in
this publication.
What You Should
Know About
Divorce
And
Custody
This brochure, prepared by Acadiana Legal Services, is issued to inform and
provide general information, not to advise. If you have a specific legal problem you
should not try to apply or interpret the law without the aid of a trained expert who
knows the facts because the facts may change the application of the law.
GETTING LEGAL HELP
If you feel you cannot afford an attorney, free legal
assistance may be available by contacting your
nearest office by phone or by visiting www.la-
law.org for more information.
Shreveport
720 Travis Street
Shreveport, LA 71101
(800) 826–9265
Monroe
7016 Cameron Street
Monroe, LA 71201
(800) 259-6591
Natchitoches
134 St. Denis Street
Natchitoches, LA 71457
(800) 960-9109
Lafayette
1020 Surrey Street
Lafayette, LA 70501
(800) 256-1175
Alexandria
1808 Jackson Street
Alexandria, LA 71301
(800) 256-4343
Lake Charles
2911 Ryan Street
Lake Charles, LA 70601
(877) 256-0639
Funding for the publication of this brochure was
provided by:
CUSTODY
The law recognizes (with some exceptions)
that it is in a child’s best interest that their
parents enjoy joint custody unless it can be
shown by clear and convincing evidence that
it is not warranted. Parents are free to enter
into joint custody agreements as to what they
think is best for their children. Most joint
custody agreements have a designated
parent who is referred to as the domiciliary
parent and with whom the child will primarily
live. Unless it is not in the child’s best
interest, the other parent is allowed frequent
and continuing contact. It is often best to
specify the visitation dates in any agreement
to avoid future conflicts.
Joint custody requires the parents to work
with one another in decision-making and to
exchange information about the child.
If both parents want sole custody, seek
restricted visitation, or desire to be the
domiciliary parent, the issue of custody
becomes contested. The court will have
many factors to consider in deciding what is
best for the minor child. Some of these
factors are:
§The love and affection and other
emotional ties between parent and
child;
§The ability of the parent to give the
child love, affection, guidance, and the
willingness to support a relationship
between the child and the other parent;
§The ability of the parent to provide the
child with food, clothing, medical care,
and other material needs;
§The distance between the respective
residences of the parties;
§The length of time the child has lived
with the parent and the desirability of
maintaining that environment;
The moral fitness of the parent and its
effects on the child (e.g. drugs,
lifestyle, domestic violence);
DIVORCE
A person who seeks to end his/her marriage by
way of divorce, has to first determine which
type of divorce is applicable. There are five (5)
ways to seek a divorce. These are:
One party having voluntarily lived separate and
apart continuously for the necessary period of
time required by law at the time the petition is
filed.
If you do not have minor children of the
marriage, 180 days are required;
If you have minor children of the
marriage, 365 days are required;
If you have minor children of the
marriage and a domestic violence
protective order has been issued against
the other spouse, 180 days are required;
Or if the Court finds after a special
hearing that the other spouse has
committed domestic violence, 180 days
are required;
One party having voluntarily lived separate and
apart continuously for the necessary period of
time (see days above) required by law after
the date that the petition has been served or
service has been waived by the other spouse;
Adultery;
The other spouse has committed a felony and
has been sentenced to death or prison at hard
labor;
In accordance with the terms and conditions of
a Covenant Marriage.
NOTE: While marriage does not change one’s
maiden or legal name, changing government
ID cards that have your married name, may
require a court order.
The mental and physical health of
the parent (e.g. bi-polar, suicidal);
The home, school, and community
history of the child (e.g. doctors
records);
The wishes of the child (especially
teenage children); and
The previous responsibility for the
care and rearing of the child.
NOTE: As a general rule, contested
changes to existing custody judgments
require proof that either there has been
a material change in circumstances after
the prior judgment was rendered or that
continuation of the existing custody
judgment is damaging to the child.
Documentation and proof of such
changes are important as courts
recognize that continued litigation is bad
for the child.
If you and your spouse quit living
together, the law gives each of you an
equal right to the children until a court
grants an order of custody. If the
children are living with you and your
spouse threatens to take them out of the
parish or state where you live, or poses
a threat to the safety of the children, it
may be in your best interest and your
children's best interest to refuse to allow
the children to visit with that parent
unless a court order has been obtained
that establishes legal custody. Be
prepared to justify such an action.
If you are not married and the father
does not have his name on the child’s
birth certificate, his ability to exercise his
rights absent a Court order, is somewhat
limited.
Generally, the basic rules regarding
custody awards between married
parents apply to custody of children of
parents who are not married.
