Joint vs. Sole Custody in Louisiana: Is There a Presumption of Equal Time?
Louisiana’s joint custody statute says physical custody shall be shared equally unless the court determines it is not feasible or not in the child’s best interest. The court still designates a domiciliary parent and renders an implementation order.
Does Louisiana start from joint custody and equal time?
For joint custody decrees, yes: the court renders a joint custody implementation order that allocates the time periods in which each parent has physical custody so the child has frequent and continuing contact with both parents, and physical custody is to be shared equally unless the court determines it is not feasible or not in the child’s best interest (R.S. 9:335(A)(2); Act 605). Older versions of the statute said physical custody should be shared equally to the extent feasible and in the child’s best interest, so confirm which version applies to your order.
What is the domiciliary parent in Louisiana?
In a joint custody decree the court designates a domiciliary parent unless the implementation order provides otherwise or for other good cause. The domiciliary parent is the parent with whom the child primarily resides, but the other parent has physical custody during time periods that assure the child frequent and continuing contact with both parents (9:335(B)).
What does the implementation order do in Louisiana?
It allocates the time periods for each parent’s physical custody and it allocates the legal authority and responsibility of the parents (9:335(A)(2)-(3)). The court renders it in a joint custody proceeding except for good cause shown.
How does a court decide best interest in Louisiana?
The child’s best interest is the standard throughout the custody articles. We did not reproduce the statutory factor list on this page, so ask a licensed Louisiana attorney how your parish applies it.
Is sole custody possible in Louisiana?
The joint custody articles are one of the custody options, and the court can depart from equal sharing when it is not feasible or not in the child’s best interest (9:335(A)(2)(b)); we did not reproduce the sole custody provisions here, so ask a licensed Louisiana attorney.
Who decides legal authority under a joint custody decree in Louisiana?
The implementation order allocates the legal authority and responsibility of the parents (9:335(A)(3)), so decisions on education and health are set there.
What is the evacuation provision in Louisiana?
The joint custody statute requires the implementation order to include a provision for when a party is required to evacuate because of an emergency or disaster (9:335(C)), so parents who live in evacuation-prone areas should agree a plan for where the child goes and how the other parent is told.
How does custody connect to support in Louisiana?
The label does not set the amount; the time does. If each parent has physical custody for an approximately equal amount of time, support follows the shared custody worksheet (R.S. 9:315.9). Count your schedule with the Louisiana parenting time calculator and run the Louisiana child support calculator.
Can the court find shared custody without an order in Louisiana?
Yes. The shared custody formula applies if there is a joint custody order or joint plan providing for shared custody, or if the court finds by a preponderance of the evidence that shared custody exists (9:315.9(A)(2)).
Can custody be changed after a move in Louisiana?
A proposed relocation of the child’s principal residence follows its own notice and court approval procedure. See moving away with a child in Louisiana.
Frequently asked questions
Does Louisiana favor joint custody?
Joint custody decrees start from equally shared physical custody unless that is not feasible or not in the child’s best interest.
What is a Louisiana implementation order?
An order in a joint custody decree that allocates each parent’s physical custody time and legal authority.
Who is the domiciliary parent in Louisiana?
The parent with whom the child primarily resides, designated by the court in a joint custody decree.
Can a Louisiana court find shared custody without a written order?
Yes, by a preponderance of the evidence that shared custody exists.
Does the Louisiana equal sharing rule apply to every case?
It applies to joint custody decrees; the court can depart if equal sharing is not feasible or not in the child’s best interest.
Official sources
- La. R.S. 9:335: joint custody decree and implementation order
- Louisiana Act 605: R.S. 9:335(A)(2)(b), equal sharing of physical custody
- La. R.S. 9:315.9: effect of shared custodial arrangement
- La. R.S. 9:355.5: mailing notice of proposed relocation address
- Louisiana relocation statutes, R.S. 9:355.1 to 9:355.20
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Louisiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Louisiana attorney.