First, domicilary parent is the parent with whom the child primarily resides with.  The domicilary parent, for the most part, controls where the child goes to the doctor, where the child attends school, and what extracurricular activities the child participates in.  Of course, there are always exceptions and the court stresses that the parties should consult together on decisions regarding the child’s religion, health care, and education.

So, what if the parties do not agree on who should serve as domicilary parent?

In that case, the court will look to the best interest of the child factors in determining which parent should be named domicilary parent.  Those factors are found in Louisiana Civil Code article 134.  The relevant factors in determining the best interest of the child include the love, affection and emotional ties between each party and the child; the ability of the parties to provide food, clothing, medical care, love, affection, and spiritual guidance; and the ability to provide a stable environment.  The court will also look to see who primarily provided childcare prior to the separation.

In custody cases, it is very important to keep a journal of the days you have the child, what activities you and the child participate in when you have the child, who takes the child to the doctor, and so forth.

Can domicilary parent be divided amongst the parents?

You can no longer have co-domicilary parents in Louisiana.  However, you can split which parent has domicilary over certain matters.  For instance, a parent can be domicilary over education and health care, and the other parent can be domiciliary over extracurricular activities.  Remember, the Court will look to see what is in the best interest of the child when deciding which parent is best fit for the numerous roles.

If you are having custodial issues, give the Law Office of Stephen Spurgeon a call at 318-616-5677