LOUISIANA ACT 605 & 50/50 CUSTODY LAW

What Louisiana's Equal Physical Custody Law Means

Louisiana Act 605 took effect August 1, 2026 and amended La. R.S. 9:335(A)(2)(b). When joint custody is decreed, physical custody now “shall be shared equally” unless the court determines otherwise based on feasibility or the child's best interest.

The law strengthened equal physical custody as the statutory starting point. It did not guarantee the same schedule in every case, automatically change existing judgments, eliminate child support, or override safety concerns.

The sections below explain the statute, custody modifications, best-interest and safety factors, parenting plans, domiciliary status, and support calculations in clear terms.

Father and daughter playing with wooden blocks on the floor.

ACT 605 STRENGTHENED EQUAL PHYSICAL CUSTODY

Act 605 changed a critical word in La. R.S. 9:335(A)(2)(b). Prior law said physical custody “should” be shared equally to the extent feasible and in the child’s best interest. The current statute says physical custody “shall” be shared equally unless the court makes the determination described in the law.

The Revised Statute—not a headline or social-media summary—is the governing authority. Act 605 strengthened equal physical custody within the joint-custody framework while preserving judicial review of feasibility and the child’s best interest.

Authority: La. R.S. 9:335(A)(2)(b); Acts 2026, No. 605, effective August 1, 2026.

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EXISTING ORDERS & MODIFICATIONS

An existing custody order generally remains in effect until modified through appropriate legal action. Act 605 did not automatically rewrite judgments entered before August 1, 2026.

Louisiana Civil Code Article 138 now governs modification standards. Within five years of a considered decree, heightened statutory alternatives apply. After five years, and in all other cases, modification may be available when a change in circumstances materially affects the child’s welfare and the change is in the child’s best interest.

Whether the judgment is a considered decree, its age, the evidence previously received, and what has changed can materially affect the analysis.

Authority: La. C.C. art. 138; Acts 2026, No. 93, effective August 1, 2026.

BEST INTEREST, SAFETY & PARENTING PLANS

Feasibility depends on the child’s actual circumstances: the distance between homes, school continuity, parents’ work schedules, the child’s age and routine, transportation, each parent’s caregiving history, household stability, and physical and emotional safety.

Louisiana Civil Code Article 134 requires consideration of all relevant best-interest factors and makes potential abuse the primary consideration. Family-violence cases are also governed by the more specific provisions referenced in Article 134 and La. R.S. 9:364.

The law does not impose one universal 50/50 calendar. A joint-custody implementation order should address regular time, holidays, school breaks, exchanges, transportation, communication, education, medical decisions, activities, travel, and emergencies.

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DOMICILIARY STATUS & CHILD SUPPORT

Equal physical custody and domiciliary-parent status are related but not identical. La. R.S. 9:335 separately addresses decision-making authority and implementation orders.

Equal time also does not automatically erase child support. Louisiana’s shared-custody calculation considers both parents’ adjusted gross incomes, actual parenting time, child-care expenses, health-insurance costs, extraordinary expenses, and other required adjustments.

Authority: La. R.S. 9:335(B)–(C); La. R.S. 9:315.9.

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ACT 605 QUICK ANSWERS

Common questions about Louisiana equal physical custody, existing orders, and child support.

Does Act 605 guarantee 50/50 custody?

No. Act 605 strengthened equal physical custody when joint custody is decreed, but the court still considers feasibility, the child’s best interest, and applicable safety laws.

Does Act 605 automatically change my current custody order?

No. An existing judgment generally remains in effect until a court modifies it through the proper legal process. The applicable modification standard depends on the judgment and its history.

Does equal parenting time eliminate child support or domiciliary status?

No. Parenting time, domiciliary authority, and support are separate legal questions. Louisiana’s shared-custody support calculation considers income, actual time, expenses, and other statutory adjustments.