Legal Question in Family Law in Louisiana

'Sole custody', 'child support' and 'domiciliary parent', are three distinct legal terms that function under different family laws in Louisiana.

'Sole custody' is usually awarded in cases where one of the parents is very messed up and presents a danger to the child. The laws in Louisiana are written to favor joint custody, in that the code favors both parents being involved. But all of the laws are focused on the 'best interest of the child' and the court is charged with determining that interest.

In the joint custody agreement, one of the parents is named 'domiciliary parent', which gives them certain rights, usually enumerated in the custody judgment.

'Child support' is what the non-domiciliary parent pays to the domiciliary parent to compensate for the child only benefiting from one income. The laws are designed so that the child does not suffer from the parent�s inability to remain married.

If your child was taken from you, there must have been some justification, even if inaccurate. If you petition the court to change the custody agreement to 'joint custody', you may succeed, barring some serious ongoing problems that would not be good for your child. I would think that the judge would not just make you the domiciliary parent, after the child had been away from you for so long. It will take time to involve yourself in your child's life again; it is worth it, start now.

Find an attorney to help your through this process, if you cannot afford one, call the State Bar Association and they will point you in the direction of some legal assistance.

Good luck to you.