Paternity & Father’s Rights What you need to know during a divorce - Stanley-Wallace Law - slidell louisiana

Divorce is a challenging life event to go through. When you factor in children, it can be an even more serious emotional roller coaster. 


For fathers, there can be a lot of concerns that the child’s mother will be favored in custody discussions. 


That’s why it’s best to go into your Louisiana divorce and child custody case armed with information and a good family law attorney


Do fathers have a right to child custody and visitation?

Yes, fathers have the same rights to child custody and visitation as mothers do. 


In divorces where the couple had a child or children together, the courts will rule in the best interests of the child. This means that there are many different child custody and visitation arrangements that the courts could rule on. 


Therefore, if the father having custody of the child is in the child’s best interest, then the father could be awarded co-parenting rights or even sole custody. When a judge presides over a child custody case, he or she will be evaluating several major factors when determining the child custody arrangement that makes the most sense for the situation. Some of these factors include:


  • The potential for the child to be abused shall be the primary consideration of the court 
  • The child’s relationship with each parent
  • The history of substance abuse, violence, or criminal activity of either parent
  • The moral fitness of each parent 
  • Each parent’s ability to provide food, shelter and clothing for the child
  • The reasonable preference of the child if the court finds that the child is old enough to express that preference
  • The willingness of each parent to facilitate and encourage a relationship between that child and the other parent


Will I be forced to pay child support as the father?

Child support is based on the gross income of each parent as well as the child custody that the court rules upon. 


There are some stereotypes that show that mothers always get custody and fathers must then always pay child support, but that’s not exactly how it works. 


Louisiana has specific calculations it uses to determine child support. So based on your income, you might pay child support, but it will vary depending on your total income as well as your ex-spouse’s income. 


What are the steps I should take to protect my rights as a father during a divorce?

Fathers should retain strong legal counsel when undergoing a divorce, especially when child custody matters factor into the equation. 


Your attorney will then review your circumstances and provide advice on the best next steps based on your specific situation.


Every divorce and child custody case is extremely different. If you could go to court without legal representation, you might face higher child support and not get the best child custody arrangement for your situation.


Contact Stanley-Wallace Law today for dedicated representation 

As Louisiana family law attorneys, we’re skilled at helping fathers fight for their rights in child custody cases and ensuring the best possible financial outcome for their divorce. We’ll take time to listen to what’s most important to you in your divorce proceedings and work toward a favorable outcome. Give us a call at 985-288-4621 to learn more.