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Family Law

What rights do fathers have during divorce?

On Behalf of | Feb 15, 2021 | Child Custody |

You may assume that your children’s mother will automatically receive primary custody after your divorce. But this is not the case, and the court will consider many factors when deciding on a custody arrangement and a plan for child support. 

Louisiana abides by the Uniform Child Custody Jurisdiction and Enforcement Act, which protects the best interests of children when determining child custody. The court will consider your capacity to parent your children without favoring their mother when creating orders for custody and child support. 

Custody and visitation

When determining how to award child custody during your divorce, the court will consider factors that affect both your children’s mother and you as their father, including: 

  • The relationship you have with your children 
  • Your ability to care for your children on an emotional level 
  • Your capacity to provide food and shelter for your children 

The court may also take into account the relationship between any siblings and your children’s involvement in extracurricular activities, their local community and the school they attend. 

Child support

Technically, both parents provide financial support of the children, no matter where they live, and the courts determine the amount each contributes on income and other factors. However, if your children’s mother receives primary custody of your children, the court may order you to pay child support to her to help her with the purchases of your children’s basic needs for schooling, food, clothing, shelter and medical care. If the court awards you primary custody, your children’s mother may have to pay child support to you for the same reason. 

The court will protect your rights as a father to custody, visitation and child support just much as it protects your children’s mother’s rights.