A divorce will have a big impact on any children from the relationship. Children may worry about how their lives will be affected as their parents untie the binds that hold their family together, and they may have concerns over whether divorce will mean that they need to move into a new home. Children may be afraid of the changes that they will need to live with in the “new normal” of their lives, and parents in Louisiana should be aware of what rights they have when it comes to helping their kids make transitions into their new post-divorce lives.
One right that parents have when they divorce is the right to make choices about how their kids are raised. This is known as “legal custody,” and a parent who has legal custody may not have that right taken away even if the parent cannot retain “physical custody.” Parents can be denied legal custody of their kids if it would be in the kids’ best interests to do so.
Another right that parents have after a divorce is the right to have their children in their homes. This is better known as “physical custody.” Shared or joint physical custody is not always possible during a divorce, because true equality in a child’s schedule may be disruptive and unworkable. As with legal custody, physical custody may be denied to a parent if that parent’s presence in the child’s life would cause them harm.
Knowing how a court will decide matters related to the legal and physical custody of children will depend on case-specific factors. Further questions about this important family law topic can be addressed with divorce or family law legal representatives.