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If you’re splitting up with a partner you never married but share children with, you may face complicated child custody issues. Each state has different laws regarding automatic legal custody, so it’s important to speak with an experienced lawyer to understand your rights. Here’s a closer look at how the process generally works in Louisiana.

What Rights Do Unmarried Parents Have?

In Louisiana, child custody is automatically granted to the mother when the parents are unmarried. For a father to gain visitation or custodial rights, he must legally establish paternity. This can be done by signing an acknowledgment of paternity or by DNA testing if paternity is in dispute.

How Is Child Custody Determined?

Louisiana child custodyAfter establishing paternity, fathers can petition the Louisiana family court for child custody or parenting time. When making a ruling, the courts will consider what is in the best interest of the child, which typically allows both parents to be involved in the child’s life. When determining custody between unmarried parents who live separately, courts consider factors such as each parent’s past caregiving responsibilities, their current ability to care for the child, and where they live in relation to each other.

How Does Child Support Work?

According to Louisiana law, noncustodial parents must pay for some of their child’s expenses. This means that if paternity has been established and a father is on their child’s birth certificate, they’re responsible for paying child support. The exact amount is calculated in the same way that child support is decided for divorcing parents, based on factors such as the parents’ income and the child’s needs.

 

If you’re unmarried and need help navigating Louisiana’s child custody laws, get in touch with J.P. Coleman Law, LLC, Attorneys at Law in Metairie. This talented team of lawyers can handle cases pertaining to family and criminal law, wills and trusts, estate planning, civil litigation, and more. Visit their website for a full list of their practice areas and call (251) 947-6247 to schedule a consultation today.

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