IN PLAIN ENGLISH
How custody works in Louisiana
If you and the other parent agree on custody, the judge follows your agreement unless it is not in your child's best interest or a family-violence rule applies. [LA-P1] If you do not agree, the judge awards joint custody, unless clear and convincing evidence, meaning very strong proof, shows that custody with one parent is best for your child. [LA-P1]
When the judge orders joint custody, the judge also signs a joint custody implementation order, which lays out when each parent has the child and who has which decision-making duties. [LA-P2] A law change that took effect August 1, 2026 says physical custody must be shared equally unless the judge decides equal sharing is not feasible or not in your child's best interest. [LA-P2, LA-P3]
In a joint custody order the judge usually names a domiciliary parent, the parent the child mainly lives with. [LA-P2] That parent has the authority to make decisions about the child unless the implementation order says otherwise, and the law presumes that parent's major decisions are in the child's best interest. [LA-P2] The other parent can ask the court to review any major decision. [LA-P2] Louisiana has no statewide holiday or summer schedule, so those details come from your agreement or the judge's order. [LA-P2]
Family violence changes the rules. [LA-P6] A parent with a history of family violence or domestic abuse is presumed not to get sole or joint custody, and visits with that parent must be supervised. [LA-P6]
Words you’ll see in your papers
- Joint custody
- Both parents share custody of the child. It is the starting point when parents do not agree. [LA-P1]
- Domiciliary parent
- The parent your child mainly lives with in a joint custody order. That parent makes decisions about the child unless the order says otherwise, but the other parent can ask the court to review major ones. [LA-P2]
- Implementation order
- The part of a joint custody order that sets out each parent's time with the child and each parent's decision-making duties. [LA-P2]
- Visitation
- Time with the child for a parent who does not have custody or joint custody. That parent is entitled to reasonable visitation unless a judge finds, after a hearing, it is not in the child's best interest. [LA-P5]
- Relocation
- A move that triggers Louisiana's notice rules, such as moving your child's main home out of state or more than 75 miles away. [LA-P7]
COMMON QUESTIONS
What parents in Louisiana ask first
Does Louisiana start from 50/50?
Mostly yes, as of August 1, 2026. [LA-P1, LA-P2, LA-P3] Joint custody is the starting point when parents do not agree, and the law now says physical custody shall be shared equally unless the judge finds that is not feasible or not in your child's best interest. [LA-P1, LA-P2, LA-P3] The order still has to spell out the actual schedule. [LA-P2]
What does the judge look at?
The first concern is the risk that your child could be abused. [LA-P4] The judge also looks at: love and emotional ties with each parent; each parent's ability to give love, guidance and schooling, and to provide food, clothing and medical care; how long your child has lived in a stable home; each parent's moral fitness, health, and any history of substance abuse, violence or crime; your child's home, school and community history; your child's reasonable preference; whether each parent supports the child's relationship with the other parent; how far apart the homes are; and who has done the caregiving so far. [LA-P4]
Does my child get to choose?
No set age. [LA-P4] The judge considers your child's reasonable preference if the judge decides your child is old enough to express one, as one factor among many. [LA-P4]
Can I move away with my child?
If the move is out of state, or more than 75 miles within Louisiana under the rules for your situation, you must send notice by registered or certified mail, return receipt requested, or by commercial courier, at least 60 days before the move. [LA-P7, LA-P8, LA-P9] The notice must include your new address, the moving date, your reasons and a proposed new schedule, and the other parent has 30 days after receiving it to object in writing. [LA-P9] If you share equal physical custody, you also need a court order or the other parent's written consent before you move. [LA-P8] Starting January 1, 2027, the 75 miles are measured by the shortest route the public can travel by car, or by public ferry where one applies. [LA-P10]
Can the order be changed later?
Yes. [LA-P11] If your current order came from an agreement, you must show a material change in circumstances since the order and that the change is in your child's best interest. [LA-P11] If the judge decided custody after a trial, you must also prove by clear and convincing evidence that keeping the order would harm your child, or that the benefits of a change clearly outweigh the harm. [LA-P11]
We were never married. What happens first?
Legal fatherhood, called paternity, can be set up when both parents sign a voluntary acknowledgment form, or by a court order, often after DNA testing. [LA-P12] Custody is then decided by the same rules that apply to all parents. [LA-P1, LA-P4]
What if I am not safe?
A domestic abuse protective order can award temporary custody and set temporary visitation terms. [LA-P13] In a custody case, a parent with a history of family violence is presumed not to get sole or joint custody and can see the child only with supervision. [LA-P6] The relocation notice rules do not apply while certain protective orders are in effect. [LA-P7]
Free, official places to start
- LouisianaLawHelp.org: Modifying Child Custody
Free legal aid guide to what you must prove to change a custody order and which form to file.
- LouisianaLawHelp.org: Paternity
How unmarried parents establish legal fatherhood in Louisiana.
- Louisiana Civil Code article 134 (best-interest factors)
The official list of factors judges must consider in every custody case.
LOCAL SPOTLIGHT · BATON ROUGE
East Baton Rouge Parish
The Family Court in and for the Parish of East Baton Rouge
East Baton Rouge, the state's most populous parish, has a separate court just for family cases, with its own local rules updated in July 2026. [LA-P14] It does not publish its own standard visitation schedule, so the state law above controls the schedule. [LA-P14] Its rules add local steps: an emergency (ex parte) temporary custody order must bar both parents from moving the children's home out of East Baton Rouge Parish, and supervised visits may be ordered at a supervision facility or with an approved adult who signs the court's supervisor form. [LA-P14] The court's Self-Help Resource Center offers free form packets and instructions to start or change a custody case, with volunteer help by appointment. [LA-P15, LA-P16]
- Family Court Self-Help Resources
The court's free custody packets (petition to establish or modify custody), instructions, and how to book a Self-Help Resource Center appointment.
- Petition to Establish Custody: Instructions (PDF)
Step-by-step help filling out the petition when there is no custody order yet, including how to ask for joint or sole custody.
- Local Rules of the Family Court (updated July 2026) (PDF)
The court's own procedures, including emergency custody orders (Rule 7) and supervised visitation (Rule 27).
- Family Court Orders and Forms
Required local forms, such as the ex parte custody affidavit and the visitation supervisor form.
Other counties in Louisiana can have different local rules and forms. Check the court where your case is filed.
THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES
No fixed statewide schedule identified
Research overview
Individual joint-custody implementation orders; 2026 equal-physical-custody default does not specify calendar.
Legal force and applicability
Case-specific calendar; no fixed statewide calendar identified in reviewed sources. Any custody/allocation presumption is separate.
Authority and geographic scope
Statewide Civil Code and Revised Statutes; no fixed statewide possession calendar identified in the reviewed sources. [LA-1,LA-2]
Custody and parenting-time presumptions
Art 132: approved agreement unless safety/best interests require otherwise; absent agreement joint custody, unless clear-and-convincing evidence supports sole custody. From 2026-08-01 §9:335(A)(2)(b): physical custody shall be equal unless court finds infeasible or not best. [LA-1,LA-2,LA-3]
Schedule & conditions
Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.
Regular school-year schedule
Implementation order allocates actual periods and responsibilities; no mandatory weekly rotation. [LA-2]
Holidays and school breaks
Case-specific; no statewide holiday parity identified in the reviewed sources. [LA-2]
Summer and vacation time
Case-specific; no statewide summer block identified in the reviewed sources. [LA-2]
Age and development
No fixed age-band calendar in reviewed statewide provisions. Child needs/best interests govern. [LA-1,LA-2]
Distance, travel, and relocation
Feasibility matters; no numeric statewide short-/long-distance possession tiers in §9:335. [LA-2]
Safety & exceptions
R.S.9:364 safety presumptions interact with R.S.9:341. Violence-related supervised contact and sexual-abuse no-contact rules may be relaxed only after the prescribed treatment, contradictory hearing and preponderance findings of best interests and no physical/emotional/psychological damage, with court-ordered safeguards. Treatment alone does not restore access. Costs fall on the abusive parent; subsequent restricted visitation cannot remove the child from court jurisdiction without prior approval/good cause. Declared-emergency evacuation exception in §9:335 requires evacuation from Louisiana and impossible compliance. [LA-2,LA-4,LA-5]