Child Custody in Louisiana

Overview of Louisiana Custody Law

Louisiana custody law is governed by La. Civil Code articles 131 through 136, which establish the framework for determining custody arrangements based on the best interests of the child. Louisiana uses the traditional terms “custody” and “visitation” and is notable for having one of the strongest joint custody presumptions in the country. The state’s public policy expressly favors joint custody, and courts must consider joint custody as the preferred arrangement in every case.

Louisiana’s family law is rooted in the civil law tradition, which sets it apart from the common law systems used in other states. However, the practical application of custody law in Louisiana follows a best interest analysis similar to other jurisdictions, with the added weight of a strong statutory presumption favoring joint custody.

Types of Custody in Louisiana

Louisiana recognizes the following custody arrangements:

• Joint Custody — Both parents share physical and legal custody, with the child spending significant time with each parent. Under Louisiana law, joint custody is the preferred arrangement. A joint custody order requires a detailed implementation plan specifying the schedule, decision-making authority, and other particulars.
• Sole Custody — One parent has exclusive physical and legal custody. The other parent typically has visitation rights. Courts award sole custody only when joint custody is not in the child’s best interest.
• Shared Custody — A form of joint custody in which each parent has physical custody for approximately equal periods. While distinct from standard joint custody, shared custody falls under the same statutory framework.
• Domiciliary Parent — In a joint custody arrangement, the court designates one parent as the domiciliary parent. This parent has primary physical custody and the authority to make day-to-day decisions. Major decisions are shared unless the implementation plan specifies otherwise.

For a broader explanation of custody types, see our guide on child custody laws explained.

The Joint Custody Presumption

Under La. Civil Code article 132, there is a strong rebuttable presumption that joint custody is in the best interest of the child. This presumption applies in every custody case. A parent seeking sole custody bears the burden of proving by clear and convincing evidence that joint custody would not serve the child’s best interests.

The joint custody presumption is among the strongest in any state and reflects Louisiana’s deeply held policy that children benefit from maintaining a meaningful relationship with both parents after separation or divorce. The presumption may be overcome in cases involving domestic violence, substance abuse, child neglect, or other circumstances that make joint custody detrimental to the child.

Best Interests Factors

Under La. Civil Code article 134, Louisiana courts evaluate 12 factors when determining the best interests of the child:

• The potential for the child to be abused, as defined by the Children’s Code
• The love, affection, and other emotional ties between each party and the child
• 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
• The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs
• The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment
• The permanence, as a family unit, of the existing or proposed custodial home
• The moral fitness of each party, insofar as it affects the welfare of the child
• The history of substance abuse, violence, or criminal activity of any party
• The mental and physical health of each party, as it relates to the child’s welfare
• The home, school, and community history of the child
• The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference
• The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party

The court may also consider any other factor it deems relevant. For more on how courts evaluate these factors, see our guide on how child custody is determined.

Child’s Preference

Louisiana does not set a specific age at which a child may express a custody preference. The statute allows the court to consider “the reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.” In practice, courts give increasing weight to the preferences of older and more mature children, but the child’s wishes are never the sole determining factor. The court evaluates whether the child’s preference reflects genuine reasoning and independent thought.

Joint Custody Implementation Plan

When joint custody is awarded in Louisiana, the court must approve a joint custody implementation plan under La. R.S. 9:335. The plan must include:

• The physical custody schedule, specifying periods of physical custody with each parent
• The allocation of decision-making authority for major areas such as education, health care, and extracurricular activities
• A method for resolving disputes between the parents
• Provisions for holidays, vacations, and special occasions

If the parents cannot agree on an implementation plan, the court will fashion one based on the best interest factors.

Relocation Rules

Louisiana has a detailed relocation statute under La. R.S. 9:355.1 through 9:355.17. A parent who intends to relocate with the child must provide written notice to the other parent at least 60 days before the proposed move. The notice must include the proposed new address, the reason for the relocation, and a proposed revised custody schedule.

The non-relocating parent may object within 30 days of receiving notice. If an objection is filed, the court holds a hearing and considers the reasons for the move, the impact on the child, whether the quality of life will improve, the feasibility of a modified visitation schedule, and whether the move is made in good faith. The burden of proof falls on the relocating parent if the non-relocating parent has been exercising custodial or visitation rights.

Mediation

Louisiana does not mandate mediation statewide for all custody cases. However, many parishes require mediation in contested custody disputes, and courts frequently order mediation before allowing a case to proceed to trial. Louisiana’s implementation of mandatory mediation varies by parish, with some having well-established mediation programs and others relying more heavily on the litigation process. Mediation is generally not ordered in cases involving domestic violence unless appropriate safeguards are in place.

Modification of Custody Orders

To modify an existing custody order in Louisiana, the parent seeking the change must demonstrate that there has been a material change in circumstances since the prior order and that the modification would serve the child’s best interests. Under La. Civil Code article 131, the court applies the same best interest analysis used in the original custody determination. The threshold for modification is high to promote stability and prevent frequent disruptions to the child’s routine.

If the original order was a considered decree (resulting from a contested hearing), the burden of proof is higher than if it was a stipulated judgment (resulting from parental agreement).

When to Seek Legal Help

Louisiana’s strong joint custody presumption, 12-factor best interest analysis, and mandatory implementation plan requirements create a detailed framework for custody cases. The civil law foundation and parish-level variations in mediation requirements add additional complexity. If you are navigating a contested custody dispute, a relocation request, or a modification, consider scheduling a free consultation to discuss your options with a qualified professional.