How is child custody decided in Louisiana?

Louisiana child custody is governed by La. Civ. Code arts. 131-136 (Title V, Chapter 2, Section 3). Louisiana is unique as a civil-law jurisdiction.

1. Forms of Custody (La. Civ. Code arts. 131-132)

Joint custody — preferred form (Art. 132); parents share decision-making and residential time.

Sole custody — awarded only when joint custody is not in the child's best interest.

In a joint custody arrangement, one parent is typically designated 'domiciliary parent' with whom the child primarily resides, and that parent has the primary right to make day-to-day decisions and has all parental authority not allocated by the court.

2. Joint Custody Preference (Art. 132)

'In the absence of agreement, or if the agreement is not in the best interest of the child, the court shall award custody to the parents jointly; however, if custody in one parent is shown by clear and convincing evidence to serve the best interest of the child, the court shall award custody to that parent.'

This creates a statutory preference for joint custody rebuttable only by clear and convincing evidence.

3. Best Interest Factors — 14 Listed (La. Civ. Code art. 134)

Potential for child abuse pursuant to Children's Code Article 603, or family violence pursuant to R.S. 9:362.

Love, affection, and other emotional ties between each party and the child.

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.

Capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.

Length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity.

Permanence, as a family unit, of the existing or proposed custodial home or homes.

Moral fitness of each party, insofar as it affects the welfare of the child.

History of substance abuse, violent behavior, or criminal activity of any party.

Mental and physical health of each party (subject to certain limitations regarding mental health treatment).

Home, school, and community history of the child.

Reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.

Willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.

Distance between the respective residences of the parties.

Responsibility for the care and rearing of the child previously exercised by each party.

4. Domestic Abuse — Heightened Standard (La. R.S. 9:364)

There is a presumption that no parent who has a history of perpetrating family violence shall be awarded sole or joint custody. The presumption may be overcome only by a preponderance of evidence showing the perpetrator has successfully completed treatment, is not abusing alcohol or substances, and the best interest requires participation as custodial parent.

5. Child's Preference (Factor 11)

No specific age. Louisiana courts consider preferences of children of sufficient age and maturity.

6. Modification — Bergeron Standard

Bergeron v. Bergeron, 492 So.2d 1193 (La. 1986) — when seeking to modify a considered decree (one rendered after a contested hearing on the merits), the moving party must show:

That the continuation of the present custody is so deleterious to the child as to justify a modification, or

That the harm likely to be caused by a change of environment is substantially outweighed by the advantages.

For modification of a stipulated/consent custody decree (no contested hearing), the standard is lower — material change of circumstances and best interest.

7. Relocation (La. R.S. 9:355.1 et seq.)

A person with custody intending to relocate the child's principal residence must give written notice 60 days in advance. Relocation is defined as a move:

More than 75 miles from the principal residence at the time of the prior order, or

Outside Louisiana.

The court applies a 12-factor relocation test (R.S. 9:355.14) with no presumption favoring or against relocation. The relocating parent bears the burden of proof.

This is legal information, not legal advice.