The law in plain words
Under Civil Code article 132, if parents do not agree, "the court shall award custody to the parents jointly." Sole custody needs clear and convincing evidence that it serves the child better.
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Louisiana explains what the figures can and cannot show.
Joint custody and the domiciliary parent
Louisiana uses its own terms.
- Joint custody: both parents share custody, and the court sets a schedule in an implementation order.
- Domiciliary parent: the parent the child mainly lives with under a joint custody order.
- Sole custody: one parent has custody, and the other usually has visitation.
The domiciliary parent makes decisions about the child unless the order says otherwise. Their major decisions are presumed to be in the child's best interest. The other parent can ask the court to review them.
Joint custodians must share information about the child's health, education and welfare. A parent without custody can still get school and medical records.
The new 50/50 rule
Act 605 of 2026 changed R.S. 9:335 on August 1, 2026. It now reads:
"Unless the court determines it is not feasible or in the best interest of the child, physical custody of the child shall be shared equally."
The old text said equal time "should" apply where feasible. Now it "shall."
- Where it applies: inside a joint custody order. It does not apply once sole custody is awarded.
- What overrides it: a judge can order unequal time if equal time is unworkable or not best for the child.
- Family violence: the family violence presumption still comes first.
A broader bill, HB 473, would have presumed shared custody that could be beaten only by clear and convincing evidence. It did not pass.
The law does not say whether it reopens orders made before August 2026.
When a court awards sole custody
Sole custody is the exception. The parent asking for it must show, by clear and convincing evidence, that it serves the child better.
Clear and convincing evidence is a high bar. It means the evidence must be highly and substantially more likely true than not.
In a contested case, a non-parent can get custody only if custody with either parent would cause the child substantial harm.
The 14 best-interest factors
Civil Code article 134 lists factors the court must consider, along with anything else relevant:
- the potential for the child to be abused, which is "the primary consideration"
- love, affection and emotional ties between each party and the child
- each party's capacity to give love, guidance and continued education
- each party's capacity to provide food, clothing, medical care and other needs
- how long the child has lived in a stable home, and the value of continuity
- the permanence of each proposed home as a family unit
- each party's moral fitness, as it affects the child
- any history of substance abuse, violence or criminal activity
- each party's mental and physical health
- the child's home, school and community history
- the child's reasonable preference, if old enough
- each party's willingness to encourage the child's bond with the other
- the distance between the homes
- each party's past role in caring for the child
Abuse became the primary factor in 2018. A parent still suffering the effects of past abuse cannot be denied custody for that reason.
Factor 12 does not count against a parent with real safety concerns based on substantial evidence.
Your child's preference
Louisiana sets no age at which a child decides. The judge weighs the preference of a child old enough to express one.
Court rules say children should not be brought to custody hearings, except in unusual cases.
The court can appoint an attorney for the child. It must do so if there is a prima facie showing of abuse.
Fathers' and mothers' rights
Louisiana's default treats both parents the same. Without an agreement, the court awards custody to the parents jointly.
A child also has a legal right to time with both parents. Neither parent may interfere with that time without good cause.
If you were never married
Until a court rules, there is no custody order. By law, the mother is the child's tutrix, or legal guardian, unless the father acknowledged the child with her agreement. A tutor has custody of the child.
A father can acknowledge a child by authentic act, a document signed before a notary. In a custody case, that counts as a legal finding of paternity.
- Changing his mind: a father can revoke the acknowledgment without cause within 60 days.
- After that: only for fraud, duress, mistake, or proof he is not the father, shown by clear and convincing evidence.
- Since August 2026: a minor under 16 cannot sign one. At 16 or 17, a judge must approve it.
A father can also file to prove paternity. If the child is presumed to be another man's, he generally has one year from the birth.
Paternity and custody can be filed together.
Family violence
Louisiana's Post-Separation Family Violence Relief Act is strict. Under R.S. 9:364, a parent with a history of family violence is presumed unable to get sole or joint custody.
A history means one incident causing serious bodily injury, or more than one incident.
To overcome it, that parent must show all of these:
- completion of a treatment program of at least 26 in-person sessions
- no abuse of alcohol or illegal drugs
- the child needs this parent because the other parent is absent, ill or similar
Until then, that parent gets supervised visits only. They cannot be overnight or in the violent parent's home. If sexual abuse of the child is proved by clear and convincing evidence, all contact is banned.
A victim of violence cannot be ordered into mediation. The parent who committed the violence pays the costs.
Emergency and ex parte custody
An ex parte order is one made without hearing the other parent first. Under Code of Civil Procedure article 3945, it needs a sworn petition or affidavit. A lawyer must also certify the efforts made to notify the other parent.
The facts must show the child will suffer immediate and irreparable injury before the other parent can be heard.
- How long it lasts: it expires within 30 days, with one possible 15-day extension.
- The hearing: must be held within 30 days.
- Visits: the order must still give the other parent at least 48 hours every 15 days. The exception is sworn proof that those visits would cause immediate harm.
The Supreme Court's court rules include a model affidavit. Where there is domestic abuse, custody is sought through a protective order instead, with a hearing within 21 days.
Provisional custody by mandate
This lets a parent hand temporary custody to another adult, such as a grandparent. It is set up in R.S. 9:951 and needs no court case.
- How: a written mandate signed by the parent. The statute gives a suggested form signed before a notary and two witnesses.
- How long: up to one year.
- What it allows: the parent can give the caregiver power over medical care, school enrollment and daily welfare. The caregiver has only the powers granted.
- Ending it: any parent can revoke it at any time.
It does not take away the parent's own custody rights.
Moving with your child
Louisiana's relocation law covers a change of the child's main home for 60 days or more. It applies to any move out of state, and many moves over 75 miles within Louisiana.
- Notice: by certified or registered mail, or courier, at least 60 days before the move.
- Contents: the new address, phone numbers, moving date, reasons and a proposed new schedule.
- Objection: the other parent has 30 days to object in writing. With equal physical custody, the moving parent instead needs written consent or court approval.
- Court approval: after an objection, the moving parent has 30 days to ask the court.
The moving parent must prove the move is in good faith and in the child's best interest. A judge cannot approve a move ex parte. Trial is set within 60 days.
From January 1, 2027, the 75 miles are measured by the shortest public road route.
Changing a custody order
A new Civil Code article 138 took effect on August 1, 2026. It wrote the long-standing Bergeron test into the Code, with some changes.
- A considered decree under five years old: a decree made after a trial on parental fitness. To change it, you must show the harm of a change is substantially outweighed by its advantages, by clear and convincing evidence. Or you must show the current order is so harmful it justifies a change.
- Consent decrees, and decrees over five years old: you show a material change in circumstances, and that the change serves the child.
The five-year limit is the main change. A pattern of willfully breaking the schedule can also support a change.
How to file for custody in Louisiana
File in the parish where either parent lives, or where you last lived as a married couple. Louisiana must usually be the child's home state for six months.
- Find your court. Most parishes use the district court. East Baton Rouge has a separate Family Court.
- File a petition for custody. You can raise custody inside a divorce, or file it alone.
- Serve the other parent.
- Attend what the court orders. That may be mediation, for up to 30 days, and a parenting class of at least three hours.
- Submit a joint custody plan if your court requires one. The Supreme Court publishes model plans.
The Louisiana Supreme Court's self-help page links to forms and help.
How much does it cost to file for custody in Louisiana?
Fees are set by each parish clerk, so they vary. As one example, the East Baton Rouge clerk lists these deposits:
| Filing | Deposit |
|---|---|
| New family case, with one service | $240 |
| New family case, without service | $150 |
If you cannot afford the costs, you can ask to proceed in forma pauperis. Income at or below 125% of the federal poverty level is presumed to qualify.
What changed in 2026
Louisiana passed several custody laws in 2026.
- August 1, 2026: within joint custody, physical custody "shall" be shared equally, unless unworkable or not best for the child.
- August 1, 2026: Civil Code article 138 sets the modification test, with a new five-year limit.
- August 1, 2026: arbitration of custody or visitation is void. A subpoenaed medical expert in an abuse case testifies first, unless there are extenuating circumstances.
- January 1, 2027: relocation distances will be measured by road.
A House task force on custody fairness and ex parte orders must report by February 15, 2027.
Building the record
Equal time is now the default in joint custody, unless a judge finds it unworkable or not best for the child. Missed exchanges, school runs and safety concerns are all shown by dates.
Note each exchange and each incident as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Louisiana.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Louisiana custody record
In Louisiana, equal time is the default in joint custody. Keep these items current so your facts are ready.
Keep the record Louisiana's equal-time rule turns on
Casewell keeps dated exchanges, care notes and the messages behind them in one private place. Export the period a lawyer needs as a focused PDF.
What is the new custody law in Louisiana?
Act 605 took effect on August 1, 2026. Within a joint custody order, physical custody shall be shared equally, unless that is unworkable or not best for the child.
Is Louisiana a 50/50 custody state?
Louisiana starts from joint custody, and since August 2026 joint custody means equal time by default. A judge can order otherwise, and family violence rules come first.
How do I file for emergency custody in Louisiana?
File a sworn petition for an ex parte order showing immediate and irreparable harm to the child. The order lasts up to 30 days, with a hearing in that time.
What is a domiciliary parent in Louisiana?
The parent the child mainly lives with under a joint custody order. That parent makes decisions unless the order says otherwise.
What is provisional custody by mandate in Louisiana?
A written document a parent signs to give another adult temporary custody, for up to one year. The parent can revoke it at any time.
Who has custody if the parents are not married in Louisiana?
Until a court rules, the mother is the child's legal guardian, with custody, unless the father acknowledged the child with her agreement. The father can ask the court for custody.
Sources
This page summarizes the Louisiana Civil Code, Title 9 of the Revised Statutes and the Code of Civil Procedure as of October 2026. It explains the law in general terms and is not legal advice.
- Louisiana Civil Code article 132 โ joint custody by default checked
- Louisiana Civil Code article 134 โ best-interest factors checked
- La. R.S. 9:335 โ joint custody implementation and equal time checked
- La. R.S. 9:364 โ family violence presumption checked
- Louisiana Civil Code article 138 โ modifying custody (effective August 1, 2026) checked
- La. R.S. 9:355.5 โ relocation notice checked
- La. R.S. 9:951 โ provisional custody by mandate checked
- La. R.S. 9:406 โ revoking an acknowledgment of paternity checked
- Louisiana Supreme Court โ self-represented litigants checked