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Offices4608 Rye St Metairie, LA 70006
PRACTICE AREASChild Custody Attorney – Slidell & Metairie
Child custody decisions can have a lasting impact on children and parents alike. When parents separate or divorce, determining where a child will live, how important decisions will be made, and how much time the child will spend with each parent can become challenging. At Frank D’Amico, Jr., we understand that custody matters can be deeply personal and emotionally difficult. We help parents navigate custody disputes, develop parenting arrangements, and protect their parental rights while keeping the best interests of the child at the center of the process.
Common Child Custody Issues
- Legal Custody– Determining which parent has the authority to make important decisions regarding a child’s education, healthcare, and other major matters.
- Physical Custody– Establishing where a child will primarily live and how parenting time will be shared.
- Joint Custody– Creating an arrangement in which both parents share legal or physical custody of their child.
- Sole Custody– Determining whether one parent should have primary or sole custody under the circumstances of the case.
- Parenting Time– Establishing a schedule that determines when each parent will spend time with the child.
- Relocation– Addressing situations where one parent wants to move with a child to another city, state, or location.
- Child Custody Modifications– Requesting changes to an existing custody order when circumstances have substantially changed.
- Enforcement of Custody Orders– Taking legal action when a parent fails to follow an existing custody or visitation order.
- Parental Disagreements– Resolving disputes concerning education, medical care, activities, travel, or other important decisions affecting a child.
- Emergency Custody Matters– Addressing urgent situations involving allegations of abuse, neglect, or other circumstances that may place a child at risk.
Frequently Asked Questions
How is child custody determined?
Child custody decisions generally focus on the best interests of the child. Courts may consider factors such as each parent’s relationship with the child, ability to provide a stable environment, involvement in the child’s life, and other circumstances affecting the child’s well-being.
What is the difference between legal and physical custody?
Legal custody generally concerns a parent’s authority to make important decisions for the child, while physical custody concerns where the child lives and the parenting schedule. Either type of custody may be shared or awarded primarily to one parent, depending on the circumstances.
Can both parents have joint custody?
Yes. Joint custody arrangements can allow both parents to share legal decision-making, physical custody, or both. The specific arrangement depends on the circumstances and what is determined to be in the child’s best interests.
Can a child choose which parent to live with?
A child’s preference may be considered in some circumstances, but it does not necessarily determine the outcome. The weight given to a child’s preference can depend on factors such as the child’s age, maturity, and applicable law.
Can I modify an existing custody order?
A custody order may be modified when there has been a significant change in circumstances and a modification is in the child’s best interests. The requirements for modification vary depending on the applicable law and circumstances.
What if the other parent refuses to follow the custody order?
If a parent violates an existing custody or visitation order, there may be legal remedies available. Keep records of missed exchanges, denied parenting time, communications, and other violations, and speak with an attorney about the appropriate steps.
Can one parent move away with the child?
Relocation can affect the other parent’s custody and parenting time rights. Depending on the circumstances and applicable law, a parent may need to provide notice or obtain court approval before relocating with a child.
What if I believe my child is in danger?
If you believe your child is facing an immediate threat of harm, contact the appropriate emergency authorities. For ongoing custody concerns involving abuse, neglect, substance abuse, or other safety issues, an attorney can explain the legal options that may be available.
How long does a child custody case take?
The length of a custody case depends on factors such as whether the parents agree, the complexity of the issues, the need for hearings or evaluations, and the court’s schedule. Emergency matters may be handled differently from standard custody disputes.
Do I need an attorney for a child custody case?
Child custody matters can involve complex legal and emotional issues, particularly when parents disagree about parenting time, relocation, decision-making, or the child’s safety. Frank D’Amico, Jr. can review your circumstances, explain your legal options, and help protect your parental rights while advocating for the best interests of your child.