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Nana Needs Help
Nov 7, 2012, 05:59 PM
I’m concerned for my granddaughter. The parents are in the process of getting a divorce started. To make a long story short, the father told the mother she could date etc during the time (1 year in Louisiana) while waiting for the divorce to be final. She did this, and now he’s threatening to take the child away. They verbally agreed to have joint custody due to the way they both work. I know he has just as much right to the child has the mother. But can he be the primary parent if she is not an unfit mother? Also, in the State of Louisiana what does it take to say a parent, mother or father is unfit? And once papers are signed and they do agree on joint custody, is there a primary parent? Thank you for your time!

GV70
Nov 10, 2012, 02:40 AM
OK-there are two types of custody-legal and physical... You may have shared/ joint/ legal custody but one parent may be awarded with sole/ primary/ physical custody rights.
When determining the best interest of the child, the court shall consider all factors it deems relevant including, but not limited to:

Relationship between parents and child;
Which parent has historically taken care of the child;
Parent's ability to provide for and give guidance;
Parent's ability to encourage a continuing relationship between the child and the other parent;
Parent's moral, mental and physical health; or
Child's wishes if they are of sufficient age.