LOUISIANA LEGAL QUESTIONS & ANSWERS

Effective August 1, 2026, Act 605 amended La. R.S. 9:335(A)(2)(b). When joint custody is decreed, physical custody shall be shared equally unless the court determines otherwise on feasibility or best-interest grounds.

No automatic change should be assumed. Existing judgments generally remain in force until changed through appropriate legal action. The modification standard can depend on the judgment, its age, and changed circumstances. Authority: La. C.C. art. 138.

No. Parenting time, domiciliary authority, and support are distinct issues. Louisiana’s shared-custody calculation considers income, actual time, child-care and insurance costs, extraordinary expenses, and other statutory adjustments. Authority: La. R.S. 9:335(B)–(C); La. R.S. 9:315.9.

An Article 102 case begins before the required separation period is completed and is finalized later after the timing and proof requirements are met. An Article 103(1) divorce may be filed after the required continuous separation has already occurred. Authority: La. C.C. arts. 102, 103, and 103.1.

For noncovenant marriages, the general periods are 180 days when there are no minor children of the marriage and 365 days when there are minor children at the relevant filing stage. Fault-based grounds and covenant marriages require separate analysis. Authority: La. C.C. art. 103.1.

Not necessarily. Divorce and partition of former community property are related but distinct proceedings. A divorce judgment can end the marriage while property, reimbursement, debt, retirement, or business-interest issues remain unresolved. Authority: La. C.C. art. 159; La. R.S. 9:2801.

Depending on the client’s needs, a plan may include a will, trust planning, a financial power of attorney or mandate, healthcare decision documents, a living will, beneficiary coordination, and planning for minor children or incapacity.

No. A will states how property should be handled at death, but it generally must still be presented and given effect through Louisiana’s succession process. A coordinated plan can reduce uncertainty and prevent avoidable problems.

A living-will declaration addresses life-sustaining procedures when statutory conditions are met. A healthcare power of attorney or mandate authorizes someone to make permitted healthcare decisions when the principal cannot. They serve related but different purposes. Authority: La. R.S. 40:1151–1151.3; La. C.C. art. 2989 et seq.

Louisiana Children’s Code Article 1243 permits a stepparent, stepgrandparent, grandparent, great-grandparent, or certain collateral relatives to petition when its relationship, age or marital-status, and custody requirements are satisfied.

Consent is generally required from the persons identified by the Children’s Code, but a parent may execute an authentic act of consent and a court may dispense with consent only when the statutory requirements and burden of proof are met. Authority: La. Ch.C. arts. 1244 and 1245.

The court may consider disputed issues, required reports, criminal-record and child-abuse information, testimony, and the wishes of a child who is twelve or older. The petition and supporting documents must also satisfy the Children’s Code. Authority: La. Ch.C. arts. 1246 and 1253.