Shreveport Child Custody Lawyer

LOUISIANA'S CURRENT EQUAL-CUSTODY STATUTE

What R.S. 9:335(A)(2)(b) Means

Effective August 1, 2026, Louisiana R.S. 9:335(A)(2)(b) provides that, unless the court determines equal sharing is not feasible or in the child's best interest, physical custody shall be shared equally when joint custody is decreed. Act 605 is the legislation that amended this provision; the Revised Statute is the governing authority. This is a significant statutory change, but it does not make every case identical or erase the best-interest analysis. Safety, distance, school needs, work schedules, stability, and other relevant facts can matter. The statute does not automatically rewrite existing custody judgments. A parent seeking to change an existing order generally must take appropriate legal action and satisfy the current modification standard. Equal physical time also does not necessarily resolve domiciliary-parent status, decision-making authority, or child support.

Interracial Parents sitting with their child.

Custody Orders, Modifications, and Parenting Plans

Changing an Existing Custody Judgment

Existing custody judgments remain in force unless they are changed through appropriate legal action. Louisiana Civil Code Article 138 now distinguishes considered decrees entered within the last five years from older considered decrees and other custody awards. Within five years of a considered decree, modification requires proof under one of the statute's heightened alternatives. After five years, and in all other cases, a court may modify custody upon a change in circumstances that materially affects the child's welfare when modification is in the child's best interest. The history and wording of the existing judgment matter.

Building a Workable Custody Schedule

A custody implementation plan should create practical rules tailored to the child’s age, school, each parent’s work, travel distance, and family circumstances. Schedules may include week-on/week-off, 2-2-3, 2-2-5-5, or another arrangement; none is mandatory. The plan should also address regular time, holidays, summers, exchanges, transportation, communication, school and medical decisions, extracurricular activities, and long-distance concerns.

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Practical Issues That Shape Custody Outcomes

Equal Time Is Only Part of the Custody Plan

Equal physical custody and domiciliary-parent status are related, but they are not identical. The judgment and implementation order determine how decision-making authority is allocated, including school, medical, and other major decisions. Equal or 50/50 physical custody also does not automatically eliminate child support. Louisiana's shared-custody calculation considers both parents' incomes, actual time, childcare, health insurance, and other required adjustments. Relocation can affect feasibility, transportation, school continuity, and the child's best interest, and proposed moves may trigger specific notice and court-authorization requirements. In cases involving domestic violence, abuse, substance abuse, dangerous conduct, or serious instability, safety is a central concern and the equal-custody statute should not be read in isolation.

Guidance for Mothers and Fathers

The firm represents mothers and fathers. Louisiana custody decisions turn on the child’s best interest—not a parent’s gender. We help clients present relevant facts, evaluate realistic schedules, and pursue plans supporting safety, stability, and an appropriate continuing relationship with both parents.

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Child Custody Questions

Straightforward answers about Louisiana custody law, equal physical custody, existing judgments, and child support. Every case is fact-specific.

Does R.S. 9:335 automatically change my existing custody order?

No. An existing custody judgment remains effective unless it is changed through appropriate legal action. A parent seeking modification generally must satisfy Louisiana Civil Code Article 138. The type and date of the judgment, the circumstances affecting the child, and the child's best interest can all matter.

Does equal physical custody mean there is no domiciliary parent?

Not necessarily. Equal physical time and domiciliary-parent status are related but distinct. Louisiana law allows the judgment and joint custody implementation order to address who has decision-making authority and whether a domiciliary parent is designated.

Does 50/50 physical custody eliminate child support?

No. Equal or approximately equal physical custody does not automatically eliminate child support. Louisiana's shared-custody calculation considers both parents' incomes, the child's time with each parent, childcare, health insurance, extraordinary expenses, and other required adjustments.

What schedules can work for equal physical custody?

Possible schedules include week-on/week-off, 2-2-3, 2-2-5-5, and other arrangements tailored to the child's age, school, the parents' work, distance, transportation, and family circumstances. No single schedule is legally mandatory for every family.

Can relocation affect an equal custody schedule?

Yes. Distance, school continuity, transportation, exchange logistics, and the child's best interest can affect whether equal physical custody is feasible. Louisiana relocation law may also require advance notice and court authorization or written consent, depending on the circumstances.