Legal Question in Family Law in Louisiana
legal terminology
Would like to know what Joint
Custody of the minor child naming mother as primary domiciliary parent means. If they were never married can there be joint custody? If anything should happen to the mother can the father keep the child from them?
Are we giving the father too much custody in that he can chose to keep the child longer that the visitation? thanks, janet
2 Answers from Attorneys
Re: legal terminology
Joint custody does not mean 50/50 custody. Practically speaking, the only thing joint custody does is give the non-domiciliary parent the right to the child's school records, teachers etc, as well as to medical records etc. Visitation can be strictly enforced or the parties can allow expanded visitation. Unless the child is in danger when with the father, then the father should have as much visitation as practicable.
Re: legal terminology
Joint custody means both parents have custody. Domiciliary status recognizes the practical truth that most children need to principally live in one place. Parental marriage is irrelevant to the issue of custody.
If the mother cannot perform the duties of a domiciliary parent then domicile should be given to the father.
The remainder of your questions are not clearly stated and I cannot answer them as written.
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