Louisiana Custody Laws & Parenting Plans

Louisiana courts decide custody by applying the “best interest of the child” standard set out in Louisiana Civil Code articles 131 through 136. The state creates a rebuttable presumption that joint custody is in the child’s best interest, meaning a parent who wants sole custody must overcome that presumption with clear and convincing evidence.

This guide covers Louisiana's joint custody presumption, the statutory best interest factors, domiciliary parent rules, parenting plan requirements, the connection between custody and child support under La. R.S. 9:315, relocation notice obligations, family violence protections, and modification standards. Whether you are filing for divorce or renegotiating an existing order, knowing these rules helps you build a parenting plan that protects your children and satisfies the court.

Joint Custody Presumption Under Article 132

Louisiana Civil Code article 132 states that, absent an agreement between the parents, the court shall award custody jointly. A court may grant sole custody to one parent only when clear and convincing evidence shows that joint custody would not serve the child’s best interest. This is a higher burden of proof than the ordinary “preponderance of the evidence” standard, reflecting Louisiana’s strong legislative policy favoring shared parental involvement.

Joint custody does not automatically mean a 50/50 time split. Instead, it means both parents retain rights and responsibilities. The court issues an implementation order under La. R.S. 9:335 that allocates physical custody time so the child has frequent and continuing contact with both parents. The court also designates a domiciliary parent unless the implementation order provides otherwise.

Best Interest of the Child Factors

When parents cannot agree on custody, the court evaluates the child’s best interests under Civil Code article 134. The statute lists factors the court must consider, including but not limited to:

• Love and affection: The potential for nurturing the child’s relationship with each parent, siblings, and other significant persons
• Parental capacity: Each parent’s ability to give the child love, affection, spiritual guidance, and to continue the child’s education
• Material needs: Each parent’s ability to provide food, clothing, medical care, and other material needs
• Stability and continuity: The length of time the child has lived in a stable, adequate environment and the desirability of maintaining that continuity
• Moral fitness: The moral fitness of each parent, insofar as it affects the child’s welfare
• Mental and physical health: The mental and physical health of each party
• Home, school, and community: The child’s history in each environment
• Child’s preference: The reasonable preference of the child, if the court deems the child of sufficient age to express one
• Willingness to cooperate: The willingness and ability of each parent to facilitate a close and continuing relationship between the child and the other parent
• Distance between residences: The distance between the parents’ homes and its practical impact on the parenting schedule
• History of caregiving: The responsibility each parent has previously exercised for the child’s care
• History of abuse: Any history of family violence, substance abuse, or criminal activity, including the severity and recency of the conduct

Important: Louisiana law does not assign a fixed weight to any single factor. Courts evaluate the totality of the circumstances. The cooperation factor carries significant practical weight because judges want parents who will support the child’s relationship with the other parent.

The Domiciliary Parent Concept

Under La. R.S. 9:335, when the court decrees joint custody, it designates one parent as the domiciliary parent—the parent with whom the child primarily resides. The domiciliary parent has authority to make all day-to-day decisions affecting the child unless the implementation order provides otherwise. Major decisions (education, healthcare, religion) are typically shared under joint legal custody.

The non-domiciliary parent receives a physical custody schedule that ensures frequent and continuing contact with the child. Louisiana courts may also award the non-domiciliary parent a custody credit toward child support if that parent exercises more than 73 days of physical custody per year under La. R.S. 9:315.8(E).

If both parents share approximately equal physical custody time, the arrangement is classified as shared custody under La. R.S. 9:315.9, which uses a different child support worksheet that accounts for both households’ expenses.

Types of Custody in Louisiana

Louisiana recognizes two dimensions of custody:

Legal Custody (Decision-Making)

• Joint legal custody: Both parents share authority over major decisions—education, healthcare, religious upbringing, and extracurricular activities
• Sole legal custody: One parent has exclusive decision-making power; awarded only when the joint custody presumption is rebutted

Physical Custody (Residential Schedule)

• Joint physical custody with domiciliary parent: The child primarily lives with one parent while spending scheduled time with the other (Worksheet A)
• Shared physical custody: The child spends approximately equal time with each parent (Worksheet B)
• Split custody: Each parent is the domiciliary parent for at least one child (separate calculations under La. R.S. 9:315.10)

Joint legal custody does not automatically mean shared physical custody. Many Louisiana families have joint legal custody with one parent designated as the domiciliary parent and the other exercising a standard visitation schedule.

Explore different custody arrangements and see how parenting time translates into annual days:

Parenting Plan and Implementation Order

Louisiana requires a joint custody implementation order whenever joint custody is decreed, except for good cause shown (La. R.S. 9:335). The implementation order functions as the parenting plan and must address these core elements:

• Physical custody allocation: A specific schedule covering weekdays, weekends, holidays, school breaks, summer vacation, and special occasions
• Domiciliary parent designation: Which parent the child primarily resides with, and who has day-to-day decision-making authority
• Decision-making provisions: How major decisions about education, healthcare, religion, and activities are shared or allocated
• Exchange logistics: Where and how custody transitions happen, including transportation responsibility
• Communication protocols: How parents communicate about the child’s needs, and how the child contacts each parent during the other’s time
• Dispute resolution: Whether parents will use mediation or collaborative law before returning to court
• Relocation notice language: The statutory warning about Louisiana’s relocation rules under La. R.S. 9:355.1 et seq.

The Louisiana Supreme Court’s Appendix 29.2A provides a model joint custody plan with a domiciliary parent designation. The Louisiana Civil Legal Navigator also offers guided form packets for self-represented litigants.

Family Violence and Custody

Louisiana’s Post-Separation Family Violence Relief Act (PSFVRA), codified at La. R.S. 9:364, creates a rebuttable presumption that no parent with a history of perpetrating family violence shall receive sole or joint custody. The court may find a “history” based on one incident resulting in serious bodily injury or more than one incident of family violence.

To overcome this presumption, the perpetrating parent must demonstrate by a preponderance of the evidence that they have:

• Successfully completed a court-monitored domestic abuse intervention program after the last instance of abuse
• Stopped abusing alcohol or using illegal substances
• Shown that the child’s best interest requires that parent’s participation as a custodial parent due to the other parent’s absence, mental illness, substance abuse, or other circumstances

Critically, evidence that an abused parent suffers from the effects of past abuse cannot be used to deny that parent custody. If both parents have a history of family violence, custody goes to the parent less likely to continue the violence, and the court must mandate completion of an intervention program.

Child Support and Custody

Louisiana uses the Income Shares model under La. R.S. 9:315 et seq. The custody arrangement directly determines which worksheet the court applies:

• Worksheet A (sole or joint custody): Used when one parent is the domiciliary parent. The non-domiciliary parent pays their proportionate share of the combined child support obligation.
• Worksheet B (shared custody): Used when parents have approximately equal physical custody. The formula multiplies the basic obligation by 1.5, cross-multiplies by time with each parent, and nets the two amounts.
• Split custody: Separate calculations for each child, with a net payment from the parent who owes more.

Tax and Dependency Exemptions

Under La. R.S. 9:315.18, the domiciliary parent is presumed to claim the child as a dependent for federal tax purposes. The non-domiciliary parent may be awarded the dependency exemption only if their obligation equals or exceeds 50% of the total obligation and no arrears exist.

Duration of Support

Child support generally terminates when the child reaches the age of majority (18) under La. C.C. art. 29. However, support continues until age 19 if the child is a full-time secondary school student (La. R.S. 9:315.22). For children with developmental disabilities, support may continue indefinitely.

For a detailed breakdown of Louisiana’s child support formula, see our Louisiana child support calculations guide.

Relocation Rules

Louisiana’s relocation statute (La. R.S. 9:355.1 et seq.) applies when a custodial parent proposes to move the child’s principal residence for 60 days or more. The statute imposes these requirements:

• 60-day advance notice: The relocating parent must send written notice by registered or certified mail at least 60 days before the proposed move
• Required content: The notice must include the proposed new address, move date, reasons for relocation, and a proposed revised custody schedule
• 30-day objection window: The non-relocating parent has 30 days to file an objection with the court (except in equal physical custody cases, where court authorization is required before any move)
• Burden of proof: The relocating parent bears the burden of proving the move is made in good faith and is in the child’s best interest

All custody orders in Louisiana must include notice of the relocation provisions. Failure to comply with the notice requirements can result in contempt and may affect future custody determinations.

Mediation and Collaborative Law

Louisiana courts may order mediation in custody and visitation disputes, and may tax mediation costs as court costs if no agreement is reached (La. R.S. 9:332). However, mediation is not appropriate when family violence or domestic abuse is at issue—the PSFVRA and Domestic Abuse Assistance Act cases are excluded from the general civil mediation statute.

In 2024, Louisiana adopted the Uniform Collaborative Family Law Act (La. R.S. 9:377 et seq.), enabling couples to resolve custody, support, and property issues with trained collaborative counsel under a participation agreement. If the collaborative process fails, the collaborative lawyers are disqualified from litigating the case, ensuring the process remains focused on negotiation rather than preparation for trial.

Modifying Custody and Support Orders

Custody Modification

A parent seeking to change an existing custody order must show a material change in circumstances since the last decree and that modification serves the child’s best interest. Louisiana courts apply the same article 134 best interest factors when evaluating a modification request. Common triggers include relocation, remarriage, changes in the child’s needs, substance abuse, or evidence of neglect.

Child Support Modification

Under La. R.S. 9:311, either parent may seek modification by demonstrating a material change in circumstances that is substantial and continuing. For cases administered through the Louisiana Department of Children and Family Services (DCFS), a rebuttable presumption of material change exists when the current guideline amount would differ from the existing order by at least 25%. DCFS cases are subject to review every three years upon request.

Key Takeaways

• Joint custody is presumed: Under C.C. art. 132, courts must award joint custody unless clear and convincing evidence shows it would not serve the child’s best interest
• Best interest factors guide decisions: Article 134 provides a comprehensive list of factors, with no single factor automatically controlling
• Domiciliary parent has day-to-day authority: La. R.S. 9:335 requires designation of a domiciliary parent in joint custody orders
• Implementation order is mandatory: Every joint custody decree must include a detailed parenting plan
• Family violence creates a presumption against custody: La. R.S. 9:364 bars custody for parents with a history of family violence unless strict conditions are met
• Custody type drives child support: Worksheet A (domiciliary) vs. Worksheet B (shared) produces significantly different results
• 60-day relocation notice required: La. R.S. 9:355.1 mandates written notice before moving the child’s residence
• Collaborative law now available: The 2024 Uniform Collaborative Family Law Act offers a new path to resolution
• 25% threshold for support modification: DCFS cases presume material change when guideline amounts differ by 25%

For information about contested versus uncontested divorce paths, see our guide to uncontested vs. contested divorce in Louisiana. For a step-by-step filing overview, see our Louisiana divorce filing checklist.