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Apr 06, 2026
Having a child out of wedlock and pursuing a nontraditional parenting relationship can be difficult, even if you have all the right paperwork filled out. Many different elements of child-rearing can be particularly complicated for you because you and your partner are either unmarried or no longer together. It’s vital that you understand the Louisiana child custody laws for unmarried parents and what you can do to establish parenting rights if you haven’t already.
The most important thing you can do for your case is to hire a Louisiana child custody attorney. It’s reasonable to be wary about the child custody cost, but at Schnaars Law Firm, LLC, we offer one-hour consultations with an attorney for a flat fee of $100.
During that consultation, we can discuss the specifics of your child custody case and can help you accordingly. Our firm knows the most effective ways to help your situation.
Louisiana Child Custody Laws for Unmarried Parents
In the majority of child custody cases involving unmarried parents, the mother is generally seen as the automatic full custody parent at birth. It’s up to the father to establish paternity at the time of birth by filling out a Voluntary Acknowledgment of Paternity (AOP) form or pursuing a court order to get parental rights.
However, this doesn’t always happen. 45% of children in Louisiana live in single-parent homes as of 2025. Here are some of the most important elements to consider:
- Establishing paternity. Unmarried fathers need to legally establish paternity before they are considered a legal parent. The unmarried mother has sole custody by default until the father establishes paternity. He needs to sign the AOP form, or the mother can pursue genetic testing if paternity is disputed. Without acknowledgement of legal paternity, the father has no automatic legal rights to custody or even visitation.
- The child’s interest. In virtually every family court in the country, including Louisiana, the family court determines custody by figuring out what’s in the interest of the child. Most of the time, they try to push for joint custody, as that gives both parents equal responsibility for raising their child. However, if the mother is deemed unfit and the father is absent, custody may go to another family member, such as a grandparent.
- Child support. When paternity is established, both parents become legally obligated to support the child in question. Even if the parents are unmarried or not in a relationship, the Department of Children & Family Services (DCFS) will use an income shares model to calculate the total child support amount based on the combined income of both parents. If you are paying or receiving child support, you should contact a lawyer for help.
Common Pitfalls in Custody Cases
Many things can go wrong in a custody case, most of which result from forgetfulness or accidental violations of the law. Here are some things to avoid in a child custody case, especially if you and the other parent are not married:
- Failing to establish paternity. The biggest mistake that a noncustodial father can make in a custody case is failing to establish paternity. You must remember that unmarried fathers are not given automatic paternity at birth. They have to fill out the right form or pursue a DNA test. If you don’t establish paternity, you don’t have a case.
- Relocating without notice. If you are in the midst of a custody battle with the unmarried other parent, one of the worst things you can do for your case is move without notifying the court, especially if you take the child with you. Disrupting the child’s daily life and environment in any way during a custody dispute can negatively affect your position.
- Using children as a weapon. Never weaponize your kids. Not only will the court see right through it, and you could lose custody due to parental alienation, but it can also permanently harm your relationship with your child.
