Know the Laws: Louisiana
UPDATED October 24, 2006
WomensLaw.org is in the process of adding more information about custody laws in Louisiana. For now, we have provided links to information we hope you find helpful. (WomensLaw.org has no relationship with these organizations and does not endorse their services. We provide these links for your information only.)
General Information About Custody and Visitation in Louisiana
- Child Custody Checklist
- Frequently Asked Questions
- KIDLINE (1-800-CHILDREN (244-5373))
- Grandparents Raising Grandchildren Resources Guide
- Louisiana State Bar Association
How will the judge make a decision about custody?
Definitions
Below is general information about custody - not specific to LA.
Getting custody with your restraining order
back to topCan I get temporary custody as part of a restraining order against the other parent?
It depends on the laws of your state and on the judge who hears your case. In most states, you can ask for temporary custody of your children as part of a restraining order against the other parent of those children. Not every state allows this, so you should read the particular rules on the Restraining Order page for your state on this website. You can find the Restraining Order information under the Know the Laws tab on the top of the page. Also, even though most states allow this, the decision is up to the judge who hears your request for a restraining order.
Also, if the other parent gets a custody order from a different court, it might conflict with the custody provision in your restraining order. If that is the case, your temporary custody may not hold up against the other parent's order. Talk to a lawyer about what you can do.
back to topCan I get temporary emergency custody?
If your child is in danger, you can ask for temporary emergency custody, which most states provide. In states that have adopted the UCCJEA, you can also apply for temporary emergency custody if a sibling or parent are in danger, even if that child is not in danger.
If you need to ask for temporary emergency custody, then you can do this in the home state or in the state where the child is.
Some courts will grant you emergency custody without notice to the other parent and without that parent present ("ex parte"). Judges will usually only do this in extreme situations. You will need to prove to the judge that your kids are in danger in order to get an emergency custody order like this. You also will need to resolve the situation permanently as "ex parte" orders generally are only for a short period of time.
Also, an "ex parte" order may not be enforceable in other states, so be sure to find out before you leave the state.
To file for emergency custody, contact a lawyer or local domestic violence agency. To find one in your area, please click the Where to Find Help tab at the top of this page.
back to topI've got all this information now, but I still don't know what to do.
WomensLaw.org strongly recommends that you talk to someone in a local domestic violence agency and a lawyer to help you with this decision, if you have not already.
Remember, the information on this page is just general information. Your state may have differing laws or other things you can do.
You may also want to check your state's pages on this site for additional information. To find a local agency or someone who can help you, click on the Where to Find Help tab at the top of this page.