Louisiana Civil Code

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SECTION 2 - CLAIM FOR CONTRIBUTIONS TO EDUCATION OR TRAINING

Art. 121. In a proceeding for divorce or thereafter, the court may award a party a sum for his financial contributions made during the marriage to education or training of his spouse that increased the spouse's earning power, to the extent that the claimant did not benefit during the marriage from the increased earning power.

The sum awarded may be in addition to a sum for support and to property received in the partition of community property. [Acts 1990, No. 1008, §2, eff. Jan. 1, 1991; Acts 1991, No. 367, §1]

Art. 122. The claim for contributions made to the education or training of a spouse is strictly personal to each party. [Acts 1990, No. 1008, §2, eff. Jan. 1, 1991]

Art. 123. The sum awarded for contributions made to the education or training of a spouse may be a sum certain payable in installments.

The award shall not terminate upon the remarriage or death of either party. [Acts 1990, No. 1008, §2, eff. Jan. 1, 1991]

Art. 124. The action for contributions made to the education or training of a spouse prescribes in three years from the date of the signing of the judgment of divorce or declaration of nullity of the marriage. [Acts 1990, No. 1008, §2, eff. Jan. 1, 1991]

Arts. 125-130. [Repealed. Acts 1974, No. 89, §2]

 

SECTION 3 - CHILD CUSTODY

Art. 131. In a proceeding for divorce or thereafter, the court shall award custody of a child in accordance with the best interest of the child. [Amended by Acts 1888, No. 124; Acts 1979, No. 718, §1; Acts 1981, No. 283, §1; Acts 1982, No. 307, §1, eff. Jan. 1, 1983; Acts 1983, No. 695, §1; Acts 1984, No. 133, §1; Acts 1984, No. 786, §1; Acts 1986, No. 950, §1, eff. July 14, 1986; Acts 1989, No. 188, §1; Acts 1993, No. 261, §1, eff. Jan. 1, 1994]

Art. 132. If the parents agree who is to have custody, the court shall award custody in accordance with their agreement unless the best interest of the child requires a different award.

In the absence of agreement, or if the agreement is not in the best interest of the child, the court shall award custody to the parents jointly; however, if custody in one parent is shown by clear and convincing evidence to serve the best interest of the child, the court shall award custody to that parent. [Acts 1992, No. 782, §1; Acts 1993, No. 261, §1, eff. Jan. 1, 1994]

Art. 133. If an award of joint custody or of sole custody to either parent would result in substantial harm to the child, the court shall award custody to another person with whom the child has been living in a wholesome and stable environment, or otherwise to any other person able to provide an adequate and stable environment. [Acts 1986, No. 966, §1; Acts 1989, No. 546, §1; Acts 1993, No. 261, §1, eff. Jan. 1, 1994]

Art. 134. The court shall consider all relevant factors in determining the best interest of the child. Such factors may include:

(1) The love, affection, and other emotional ties between each party and the child.

(2) The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.

(3) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.

(4) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.

(5) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(6) The moral fitness of each party, insofar as it affects the welfare of the child.

(7) The mental and physical health of each party.

(8) The home, school, and community history of the child.

(9) The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.

(10) The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.

(11) The distance between the respective residences of the parties.

(12) The responsibility for the care and rearing of the child previously exercised by each party. [Acts 1988, No. 817, §2, eff. July 18, 1988; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1993, No. 261, §1, eff. Jan. 1, 1994]

Art. 135. A custody hearing may be closed to the public. [Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1993, No. 261, §1, eff. Jan. 1, 1994]

Art. 136. A. A parent not granted custody or joint custody of a child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would not be in the best interest of the child. Extraordinary circumstances shall include a determination by a court that a parent is abusing a controlled dangerous substance. [Acts 2012, No. 763, §1, eff. Aug. 1, 2012]

B. A grandparent may be granted reasonable visitation rights if the court finds that it is in the best interest of the child. Before making this determination, the court shall hold a contradictory hearing as provided for in R.S. 9:345 in order to determine whether the court should appoint an attorney to represent the child. [Acts 2012, No. 763, §1, eff. Aug. 1, 2012; Amended by Acts 2014, No. 586, §1, eff. Aug. 1, 2014]

C. Under extraordinary circumstances, any other relative, by blood or affinity, or a former stepparent or stepgrandparent, may be granted reasonable visitation rights if the court finds that it is in the best interest of the child. [Acts 2012, No. 763, §1, eff. Aug. 1, 2012; Amended by Acts 2014, No. 586, §1, eff. Aug. 1, 2014]

D. In determining the best interest of the child under Paragraphs B and C of this Article, the court shall consider:

(1) The length and quality of the prior relationship between the child and the relative.

(2) Whether the child is in need of guidance, enlightenment, or tutelage which can best be provided by the relative.

(3) The preference of the child if he is determined to be of sufficient maturity to express a preference.

(4) The willingness of the relative to encourage a close relationship between the child and his parent or parents.

(5) The mental and physical health of the child and the relative. [Acts 2012, No. 763, §1, eff. Aug. 1, 2012]

E. In the event of a conflict between this Article and R.S. 9:344, the provisions of the statute shall supersede those of this Article. [Acts 1993, No. 261, §1, eff. Jan. 1, 1994; Acts 1995, No. 57, §1; Acts 2009, No. 379, §2; Acts 2012, No. 763, §1, eff. Aug. 1, 2012]

Art. 136.1. A child has a right to time with both parents. Accordingly, when a court-ordered schedule of visitation, custody, or time to be spent with a child has been entered, a parent shall exercise his rights to the child in accordance with the schedule unless good cause is shown. Neither parent shall interfere with the visitation, custody or time rights of the other unless good cause is shown. [Acts 2008, No. 671, §1]

Art. 137. A. In a proceeding in which visitation of a child is being sought by a parent, if the child was conceived through the commission of a felony rape, the parent who committed the felony rape shall be denied visitation rights and contact with the child. [Acts 2012, No. 763, §1, eff. Aug. 1, 2012]

B. In a proceeding in which visitation of a child is being sought by a relative by blood or affinity, if the court determines, by a preponderance of the evidence, that the intentional criminal conduct of the relative resulted in the death of the parent of the child, the relative shall be denied visitation rights and contact with the child. [Acts 2001, No. 499, §1, Acts 2010, No. 873, §1; Acts 2012, No. 763, §1, eff. Aug. 1, 2012]

Arts. 138-140. [Blank]

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