Compassionate And Trustworthy Family Law Representation
Shreveport attorney Mark J. Miciotto’s practice involves all areas of Louisiana family law. Mr. Miciotto is experienced with contested and uncontested divorce, legal separation, division of property, alimony, child custody and child support orders, including establishment, modification and enforcement.
You may also contact Mr. Miciotto if you need a lawyer for prenuptial agreements, postnuptial agreements, paternity, guardianships and adoptions.
Do Mothers Always Get Sole Custody Of The Children In A Divorce?
One of the misconceptions people have when considering divorce is that the mother will always be awarded custody of the children when the divorce is final.
Mothers do not always get sole custody of the children in a divorce. Louisiana family courts prefer a joint custody arrangement for children, where both parents provide the care and nurturing environment on an equal, but separate basis.
When divorcing parents are unable to come to a custody agreement amongst themselves, the family court then looks to the best interest of the child for determining which parent will be awarded custody of the child.
The child’s best interest is determined by observing which parent’s home will provide a consistently safe, loving, stable and nurturing environment for the child. If aged 11 years or older, the child’s statement of preference may be a factor the court also weighs in to decide the custodial arrangement.
The court checks whether either parent has a history of drug or alcohol abuse, past or present physical abuse, and criminal charges or convictions affecting the physical, emotional, developmental and educational well-being of the child.
Do You Want To Adopt Your Grandchild?
Adopting the minor child already in your home is called an intrafamily adoption. Mr. Miciotto is experienced with Louisiana adoptions and can assist you with the fine details of an adoption petition, including obtaining revised birth certificates and enrolling in tax credits for adoptions of special needs children.
If you are seeking to adopt a child who is not your stepchild, grandchild, sibling, niece or nephew, the state of Louisiana requires a pre-placement home study and a report to the court. The investigation is conducted to determine suitability of the adoptive home.