Child Custody Laws in Louisiana

Custody is decided by the best interest of the child. If parents agree, the court follows their agreement unless the family-violence law (R.S. 9:364) applies or the child's best interest requires otherwise. Without an agreement, the court awards joint custody unless clear and convincing evidence shows custody with one parent is in the child's best interest. The court considers all relevant factors, with the potential for the child to be abused as the primary consideration, along with emotional ties, each party's capacity to care for the child, stability, moral fitness, substance abuse or violence history, health, the child's history, and the child's reasonable preference if the court finds the child old enough to express one. No specific age is set for the child's preference.

In a divorce or custody case, a court may grant an ex parte (without a hearing) temporary custody order only if a sworn petition or affidavit shows specific facts that the child will suffer immediate and irreparable injury before the other side can be heard, and the applicant's attorney certifies in writing the efforts made to notify the other party or why notice should not be required. The order expires within 30 days (it can be extended once for up to 15 days for good cause), must generally give the other parent at least 48 hours of visitation in every 15-day period, and a hearing must be set within 30 days. An order that does not follow these rules is void. Different rules apply to custody requested in domestic abuse protective order cases.

Not required statewide. A court may require parents in a custody or visitation case to attend a court-approved seminar on children's needs when the facts of the case warrant it. The seminar must last three to four hours and cost no more than $25 per person, with provision for those who cannot pay.