Legal Question in Family Law in Louisiana

My baby's father works offshore and is gone 14 days and home for the other 14days out of the month. Our son is now 6 months old and is still breastfeeding. I have never been away from my son for long than 6hours to go to work. My son's father now wants to file for custody. Will he get 50/50 custody considering his job and breastfeeding, and the fact that he has not been taking care of the baby? He has never even taken the baby over night alone or even got up in the morning to take care of the baby. He does give me money sometimes but that's it.We also live 2 hours apart now, I live with my mother and he lives with his mother.


Asked on 8/04/09, 3:37 pm

1 Answer from Attorneys
Nathan Frazier Attorney Nathan G. Frazier

This question is provided for educational purposes only, and does not constitute the start of an attorney client relationship.

The answer depends upon many factors. Some judges, for example, act partial to one parent versus the other (even though they should be impartial). In theory, however, the law looks to what is in the best interests of the child. A child needs and depends upon both parents for love and support. This is the preference in Louisiana. Joint-custody is the preferred arrangement, although many couples decide to let one parent be the "custodial parent" and then split time up through visitation rights.

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Answered on 8/11/09, 4:35 pm


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