Do you offer a free consultation for startups?

Yes. The Rhodes Law Firm offers a free initial consultation — no obligation, no pressure.

What legal services do you offer for startups and entrepreneurs?

We offer corporate formation, contract drafting, outside general counsel, IP protection, regulatory compliance, and investor agreement support for startups in Louisiana and nationally.

Do you handle divorce and child custody cases in Louisiana?

Yes. The Rhodes Law Firm provides compassionate family law representation including divorce, legal separation, child custody, child support, spousal support, and adoption throughout Louisiana.

How much does a family law attorney cost in New Orleans?

The Rhodes Law Firm offers a free initial consultation so you can understand your options before making any financial commitment. Contact us at (504) 475-0975 to get started.

Where is The Rhodes Law Firm located?

The firm is based in New Orleans, Louisiana and serves clients statewide and nationally.

How do I contact The Rhodes Law Firm?

Call (504) 475-0975 or schedule a consultation at therhodeslawfirm.com.

How do Louisiana courts determine child custody?

Louisiana courts determine custody based exclusively on the best interests of the child. Judges evaluate twelve statutory factors under Louisiana Civil Code art. 134, including each parent's fitness, the child's relationship with each parent, the stability of each home, the child's adjustment to school and community, and the moral fitness of the parents.

What is the difference between joint custody and sole custody in Louisiana?

Joint custody means both parents share legal authority over the child's major decisions (education, healthcare, religious upbringing) and typically involves significant parenting time for both parents. Sole custody grants one parent primary legal and physical custody. Louisiana law favors joint custody arrangements as the default presumption absent compelling reasons to the contrary.

What is a domiciliary parent in Louisiana?

The domiciliary parent is the parent with whom the child primarily lives and who has the authority to make day-to-day decisions for the child. In joint custody arrangements, courts designate one parent as the domiciliary parent while the other retains joint legal authority over major decisions.

Can a child choose which parent to live with in Louisiana?

Louisiana courts may consider a child's preference, but there is no age at which a child's preference becomes automatically controlling. The judge weighs the child's preference as one factor among many under the best interests standard. Older children's preferences generally carry more weight, but the court retains ultimate authority.

What factors do Louisiana courts consider in custody disputes?

Under La. C.C. art. 134, courts consider: the love, affection, and emotional ties between each parent and child; each parent's capacity and disposition to provide love, affection, and guidance; the mental and physical health of each party; the home environment; the child's preference (if mature); the stability of each parent's home; each parent's willingness to facilitate a relationship with the other parent; and any history of domestic abuse.

How can I modify a custody order in Louisiana?

To modify a custody order, the requesting party must show a material change in circumstances since the original order was entered, and that the modification is in the child's best interests. A material change might include a parent's relocation, remarriage, substance abuse, or the child's changed needs.

What happens if my ex violates a custody order in Louisiana?

Violation of a custody order can be addressed through a rule for contempt filed in the court that issued the order. If the violation is found, the court may impose sanctions including fines, modification of custody, or in extreme cases, jail time. Repeated violations may support a modification of the custody arrangement in the violating parent's disfavor.

Can a parent relocate with a child after a Louisiana custody order?

Yes, but with court approval if the other parent objects. Under Louisiana Revised Statutes § 9:355 et seq., a parent wishing to relocate must provide advance written notice to the other parent. If the other parent objects, the relocating parent must obtain court approval, and the court will apply a relocation-specific best interests standard.

What is an emergency custody order in Louisiana?

An emergency temporary custody order (often called an ex parte order) can be granted without notice to the other parent when a child faces immediate danger — such as abuse, neglect, or risk of abduction. The order is temporary and a full hearing must follow promptly to give the other parent an opportunity to respond.

How long does a custody case take in Louisiana?

An uncontested custody matter can be resolved in weeks or months. A contested custody case involving competing experts, home studies, or allegations of abuse may take 12–24 months or longer. Interim custody orders are typically obtained within weeks of filing to govern the situation while the case is pending.

Family Law Guide

How Is Child Custody Determined in Louisiana?

Updated 2026 · Orleans Parish, Jefferson Parish & St. Charles Parish

Louisiana courts determine child custody based entirely on the best interests of the child standard, evaluating twelve factors under Louisiana Civil Code art. 134. These include each parent's fitness, emotional ties with the child, stability of the home environment, the child's preference (if mature), and any history of domestic abuse. Louisiana law presumes that joint custody serves the child's best interests in most cases, but the court retains full authority to award sole custody when circumstances require it.

Written & Reviewed By

Jonathan M. Rhodes

Attorney at Law — The Rhodes Law Firm

Practice Areas: Family Law — Child Custody · Last Updated: September 23, 2026

Serving: Orleans Parish, Jefferson Parish, St. Charles Parish, Louisiana

Louisiana's Best Interests of the Child Standard

The foundational rule in every Louisiana custody proceeding is the best interests of the child. Under Louisiana Civil Code art. 131, courts shall award custody in a manner that serves the best interests of the child. Louisiana Civil Code art. 134 then enumerates twelve specific factors courts must consider.

No single factor is automatically controlling. Judges weigh all relevant circumstances and may place greater or lesser emphasis on different factors depending on the specific facts of each case.

The 12 Custody Factors Under La. C.C. Art. 134

Love, affection, and emotional ties between parent and child

Capacity to provide love, affection, guidance, and education

Capacity to provide food, clothing, and medical care

Length of time child has lived in a stable, satisfactory environment

Permanence and stability of the existing or proposed custodial home

Moral fitness of each party

Mental and physical health of each party

Home, school, and community record of the child

Preference of the child if mature enough

Willingness to facilitate a relationship with the other parent

Distance between residences of the parties

Responsibility for the care and rearing of the child prior to the proceeding

Speak With an Experienced Child Custody Attorney

Jonathan M. Rhodes represents parents in custody proceedings throughout New Orleans, Metairie, and St. Charles Parish. Free initial consultation.

Schedule a Consultation (504) 475-0975

Joint Custody vs. Sole Custody in Louisiana

Louisiana law creates a presumption in favor of joint custody. Under La. R.S. 9:335, if both parents are fit, courts strongly prefer joint custody arrangements that provide the child with significant time with both parents. However, the presumption can be overcome by showing that joint custody is not in the child's best interests — for example, due to a history of domestic violence or an extreme conflict between parents that damages the child's well-being.

In joint custody arrangements, the court designates one parent as the domiciliary parent — the parent with whom the child primarily resides and who makes routine day-to-day decisions. Both parents retain joint legal authority over major decisions unless the court specifies otherwise.

Related Child Custody Resources

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Divorce Attorney New Orleans & Metairie

Full divorce representation.

Can Custody Orders Be Modified?

What constitutes a material change.

Emergency Custody Orders in Louisiana

When a child is in immediate danger.

Louisiana Family Law FAQ

Answers to common questions.

Louisiana Legal Resource Center

All legal resources.

Louisiana Child Custody — Frequently Asked Questions

Protect Your Relationship With Your Child

Free initial consultation with an experienced Louisiana custody attorney. No obligation, no pressure.

Schedule a Free Consultation (504) 475-0975