Understanding Louisiana child custody laws is essential for any parent going through a divorce or separation. This comprehensive guide covers the types of custody Louisiana recognizes, how courts determine the best interests of the child, parenting plan requirements, relocation rules, and how to modify existing custody orders. Whether you are negotiating a custody agreement or preparing for a custody hearing, this guide explains Louisiana’s custody framework in clear terms.
Verified against Louisiana family law statutes as of April 2026.
In This Louisiana Custody Guide:
Types of Custody in Louisiana
Louisiana recognizes several types of custody arrangements:
| Type | Description |
|---|---|
| Legal Custody | The right to make major decisions about the child’s education, healthcare, and religious upbringing. |
| Physical Custody | Where the child primarily lives on a day-to-day basis. |
| Joint Custody | Both parents share legal custody, physical custody, or both. |
| Sole Custody | One parent has exclusive legal or physical custody. |
Joint custody presumption: YES. Under Louisiana Civil Code Article 132, there is a rebuttable presumption that joint custody is in the best interest of the child. This presumption is among the strongest in any state. 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 court must award joint custody unless clear and convincing evidence shows sole custody better serves the child’s interest. In every joint custody case, the court must render a Joint Custody Implementation Order (JCIO) under La. R.S. 9:335(A)(1), except for good cause. Source: La. C.C. Art. 132; La. R.S. 9:335.
Louisiana Best Interest of the Child Standard
The best interests of the child standard is the primary framework Louisiana courts use for all custody decisions. This standard considers what arrangement will best serve the child’s physical, emotional, and developmental needs.
Louisiana courts evaluate these best interest factors when making custody decisions:
- Louisiana Civil Code Article 134 lists 14 factors the court shall consider in determining the best interest of the child: (1) The potential for the child to be abused
- as defined by Children’s Code Article 603 — this is the PRIMARY consideration; (2) The love
- affection
- and other emotional ties between each party and the child; (3) 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; (4) The capacity and disposition of each party to provide the child with food
- clothing
- medical care
- and other material needs; (5) The length of time the child has lived in a stable
- adequate environment
- and the desirability of maintaining continuity of that environment; (6) The permanence
- as a family unit
- of the existing or proposed custodial home or homes; (7) The moral fitness of each party
- insofar as it affects the welfare of the child; (8) The history of substance abuse
- violence
- or criminal activity of any party; (9) The mental and physical health of each party; (10) The home
- school
- and community history of the child; (11) The reasonable preference of the child
- if the court deems the child to be of sufficient age to express a preference; (12) The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party
- except when objectively substantial evidence of specific abusive
- reckless
- or illegal conduct has caused one party to have reasonable concerns for the child’s safety or well-being while in the care of the other party; (13) The distance between the respective residences of the parties; (14) The responsibility for the care and rearing of the child previously exercised by each party. The court may also consider any history of committing family violence or domestic abuse
- including sexual abuse. Source: La. C.C. Art. 134 (as amended through 2024).
Child’s preference: In Louisiana, a child’s custody preference may be considered when the child reaches No specific age is set by statute. Under Article 134 factor (11), the court considers “the reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.” The determination is left to the judge’s discretion. In practice, Louisiana courts tend to give more weight to preferences expressed by children aged 12 and older who demonstrate sufficient maturity, though some judges will hear from children as young as 8. A child does NOT get to “choose” which parent to live with at any age — it is always just one factor among 14.. The weight given to the child’s preference increases with age and maturity. The court considers the child’s reasoning and whether the preference is influenced by a parent.
Louisiana Parenting Plans
Louisiana requires parents to submit a parenting plan as part of custody proceedings. A Louisiana Joint Custody Implementation Order / parenting plan must include: (1) Physical custody schedule specifying which parent has the child and when, ensuring frequent and continuing contact with both parents; (2) Designation of the domiciliary parent — the parent with whom the child primarily resides; (3) Decision-making authority — the domiciliary parent makes all decisions affecting the child unless the order provides otherwise, with major decisions subject to court review upon the other parent’s motion; (4) Holiday and vacation schedules; (5) Communication provisions (e.g., when the other parent can phone the child); (6) Transportation arrangements; (7) How disputes between parents will be resolved. Source: La. R.S. 9:335; Louisiana District Court Rules Appendix 29.2A.
Key elements of an effective parenting plan:
- Regular residential schedule (weekdays, weekends, overnights)
- Holiday and school vacation rotation
- Transportation arrangements and pickup/drop-off logistics
- Decision-making authority (education, healthcare, extracurriculars)
- Communication methods between parents and between parent and child
- Dispute resolution process (mediation before court)
- Right of first refusal when a parent is unavailable
Louisiana Custody Relocation Rules
Louisiana has detailed relocation provisions under La. R.S. 9:355.1 through 9:355.17. A “relocation” means moving the child’s principal residence for 60 days or longer. The statute applies when the proposed move is: (a) outside the state of Louisiana, OR (b) more than 75 miles from the child’s current principal residence within the state. The relocating parent must send written notice by registered or certified mail (return receipt requested) or commercial courier to the other parent and anyone with court-ordered visitation/custody. The notice must include: current mailing address, intended new address, intended new mailing address if different, home and cell phone numbers, date of proposed move, reasons for the move, and a proposed revised custody/visitation schedule. The non-relocating parent may object in writing via certified mail within 30 days of receiving notice. If objected to, the relocation cannot proceed until the court decides. The court evaluates based on the child’s best interests. Source: La. R.S. 9:355.1–355.17.
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Notice requirement: The relocating parent must provide 60 days. Notice must be sent no later than the 60th day before the date of the proposed relocation. If the relocating parent did not know the information in time, notice must be sent within 10 days of learning it. Source: La. R.S. 9:355.4 and 9:355.5. days advance written notice to the other parent.
The court evaluates whether the move serves the child’s best interests, considering the reason for the move, the impact on the child’s relationship with the non-moving parent, and whether a modified visitation schedule can preserve that relationship.
Modifying Louisiana Custody Orders
Louisiana uses a “material change in circumstances” standard for custody modification. The specific standard depends on the type of original order: (1) For CONSENT JUDGMENTS (agreed-upon orders): The party seeking modification must show (a) a material change in circumstances since the existing order, AND (b) the proposed change is in the child’s best interest. (2) For CONSIDERED DECREES (court-decided after trial): Under the Bergeron standard, the party must prove (a) a material change in circumstances since the original decree, (b) the change affects the child’s welfare, AND (c) the proposed modification serves the child’s best interest. The considered decree standard is harder to meet because the court already weighed evidence at trial. In both cases, the change must have occurred after the previous order was entered.
Common modification triggers: parent relocation, change in child’s needs, substance abuse, domestic violence, parent’s work schedule change, child reaching an age where preferences are considered, or one parent consistently violating the existing order.
Special Circumstances in Louisiana Custody
Domestic violence: Domestic violence has a major impact on custody in Louisiana. Under La. R.S. 9:364(A), there is a presumption that NO parent who has a history of perpetrating family violence (as defined in R.S. 9:362) or domestic abuse (as defined in R.S. 46:2132), or has subjected children, stepchildren, or household members to sexual abuse, shall be awarded sole or joint custody. The court may find a “history of perpetrating family violence” if it finds: (a) one incident of family violence resulting in serious bodily injury, OR (b) more than one incident of family violence. This presumption can be overcome only by a preponderance of the evidence showing: the perpetrating parent has successfully completed a court-monitored domestic abuse intervention program, is not abusing alcohol or illegal drugs, and that the child’s best interest requires that parent’s participation as custodial parent because of the other parent’s absence, mental illness, substance abuse, or other circumstances. Under La. R.S. 9:341, if the court finds a parent has subjected children or household members to family violence, it shall allow only SUPERVISED visitation until the abusive parent proves by preponderance of the evidence that they have completed a court-monitored intervention program. All costs of supervised visitation are borne by the abusive parent. If both parents have a history of family violence, custody goes solely to the parent less likely to continue perpetrating violence. Source: La. R.S. 9:364; La. R.S. 9:341.
Grandparent visitation: YES. Under La. R.S. 9:344, Louisiana allows grandparent (and sibling) visitation rights under specific circumstances: (1) When one parent has died, been interdicted (declared legally incompetent), or incarcerated — the parents of the deceased/interdicted/incarcerated party may have reasonable visitation if the court finds it in the child’s best interest; (2) When the parents have lived apart for at least six months — grandparents or siblings may have reasonable visitation in “extraordinary circumstances” if the court finds it in the child’s best interest; (3) “Extraordinary circumstances” include a court determination that a parent is abusing a controlled dangerous substance. The court applies the same best interest factors from Civil Code Article 136(D). Source: La. R.S. 9:344.
Unmarried parents: In Louisiana, if parents are not married, the mother initially has all legal rights to custody and visitation — the unmarried father has NO legal rights until paternity is established. Paternity can be established by: (1) Voluntary acknowledgment — the father signs a voluntary acknowledgment of paternity or is named on the birth certificate; (2) Court order — through a paternity lawsuit filed in district court. Once paternity is established, both parents have EQUAL rights to the child until a court orders otherwise. The joint custody presumption under La. C.C. Art. 132 applies equally to married and unmarried parents once paternity is established. The father can then seek custody or visitation. Child support obligations arise once paternity is established regardless of whether custody or visitation is granted. Source: La. C.C. Art. 132; La. R.S. 9:392 et seq.
Guardian ad litem: YES. Under La. R.S. 9:345, in any custody or visitation case, the court — on its own motion, or upon the motion of any parent, party, or the child — may appoint an attorney to represent the child if the court finds such appointment would be in the best interest of the child. The appointed attorney (functioning as guardian ad litem) investigates the circumstances, interviews the child and parents, and makes recommendations to the court regarding custody and visitation. This is discretionary, not automatic.
Additional Louisiana rules: Louisiana has several unique custody rules: (1) DOMICILIARY PARENT CONCEPT — unique to Louisiana, in joint custody one parent is designated the “domiciliary parent” who has primary physical custody and decision-making authority. All major decisions by the domiciliary parent are PRESUMED to be in the best interest of the child and subject to court review only upon the other parent’s motion (La. R.S. 9:335(B)); (2) CIVIL LAW JURISDICTION — Louisiana is the only U.S. state with a civil law legal system (derived from French/Spanish law rather than English common law), which means its custody code structure and terminology differ from all other states; (3) ABUSE AS PRIMARY FACTOR — Louisiana is notable for making “the potential for the child to be abused” the PRIMARY consideration among its 14 best interest factors (Art. 134(1)), not just one equal factor; (4) CONSIDERED DECREE vs. CONSENT JUDGMENT — Louisiana applies different modification standards depending on whether the original custody order was the result of a contested trial (considered decree, harder to modify under the Bergeron standard) or a parental agreement (consent judgment, somewhat easier to modify); (5) The Post-Separation Family Violence Relief Act (PSFVRA) under La. R.S. 9:361-369 provides comprehensive provisions specific to family violence in custody contexts, including mandatory treatment programs and prohibition of mediation in DV cases.
Official Sources & Resources
- Cornell LII — Child Custody: law.cornell.edu
- NCSL Custody Laws: ncsl.org
- Louisiana Custody Statute: Louisiana Civil Code Articles 131-136 (general custody provisions); La. C.C. Art. 132 (joint custody presumption); La. C.C. Art. 133 (third-party custody); La. C.C. Art. 134 (best interest factors); La. R.S. 9:335 (joint custody implementation orders and domiciliary parent); La. R.S. 9:341 (restriction on visitation / supervised visitation); La. R.S. 9:344 (grandparent and sibling visitation); La. R.S. 9:345 (appointment of attorney for child); La. R.S. 9:355.1–355.17 (relocation); La. R.S. 9:362–364 (family violence and custody); La. R.S. 9:332 (mediation).
Last verified April 2026. Contact us if you notice outdated information.