Law changes way child custoday is determined
Louisiana courts will begin operating under a stronger presumption of equal parenting time when a new child custody law takes effect Aug. 1.
House Bill 1239, authored by Rep. Kyle Green Jr., D- Marrero, became Act 605 after passing the Legislature unanimously and becoming law without Gov. Jeff Landry’s signature.
The law amends Louisiana’s child custody statutes to state that physical custody of a child “shall be shared equally” between parents unless a court determines equal custody is not feasible or is not in the child’s best interest.
Under the previous law, physical custody “should” be shared equally to the extent it was feasible and in the child’s best interest. Supporters said the change strengthens the state’s preference for children maintaining substantial relationships with both parents following a separation or divorce.
The legislation passed both the House and Senate unanimously.
While the law creates a stronger presumption in favor of equal parenting time, judges retain discretion to order a different arrangement when circumstances warrant. Courts must still consider whether equal custody is practical and whether it serves the child’s best interests.
Louisiana law already requires courts to consider numerous factors when determining a child’s best interests, including the emotional ties between parents and children, each parent’s ability to provide care and guidance, and the stability of the child’s environment.
