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Last
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Oct 06, 2026
Louisiana custody law changed on August 1, 2026. Now, Louisiana Act 605 pushes judges to start every joint custody case from a stronger assumption that parents split physical time equally. Previously, the law only said equal time “should” happen when it was workable. That one-word swap, “should” to “shall”, moves the starting line for cases filed anywhere in the state, Lafayette Parish included.
However, the new law doesn’t erase a judge’s judgment, and it doesn’t rewrite every existing order on its own. The team at Schnaars Law Firm, LLC can walk you through where your case stands under the new rule and what to do about it.
Key Takeaways
- Act 605 swapped “should” for “shall” in the custody statute, effective for cases filed on or after August 1, 2026
- The law creates a stronger presumption, not a guarantee. A judge can still order something other than equal time
- Existing custody orders don’t change by themselves. You still need to go to court and show a material change in circumstances
- Moving into true equal parenting time can shift your child support number under a separate shared custody formula
- The best-interest factors, including abuse risk and school stability, still control the final outcome
What Act 605 Changed in the Custody Statute
Before August 1, 2026, Louisiana Revised Statute 9:335(A)(2)(b) said physical custody “should” be shared equally between parents, to the extent that was feasible and served the child’s best interest. Act 605 drops “should” for “shall.” Lawmakers passed the underlying bill, House Bill 1239, unanimously, and it became law without the governor’s signature.
The word swap looks small on paper, but in a courtroom it isn’t. “Should” gave a judge room to lean either way on physical custody. “Shall” tells the judge to start from equal time and work backward only if a parent shows why that won’t work.
Act 605 Doesn’t Hand You Automatic 50/50
Act 605 raises the bar for a parent who wants less than equal time, but it doesn’t guarantee a straight 50/50 calendar for every family law that walks into court. A judge still has to sign a custody implementation order, and that order still has to fit the shape of a family’s life: the school calendar, the work schedule, the distance between two houses, the age of the kids, and other factors.
Feasibility hasn’t left the statute. It just works differently. Under the old law, a judge asked whether equal parenting time was workable before ordering it. Now a judge starts by assuming equal time works, and the parent asking for something different needs to prove why it doesn’t.
What Louisiana’s Best-Interest Factors Still Control
Feasibility and best interest are still the two questions a judge has to answer. The factors in determining a child’s best interest are explained in Louisiana Civil Code Article 134 and include things like:
Safety
That list puts the potential for abuse ahead of everything else. If there’s a documented history of family violence, the equal-time presumption gives way to a separate set of rules built around safety, not scheduling.
Stability and Distance
Judges also look at how long a child has lived in a stable home, how far apart the two households sit, and who has handled the day-to-day parenting. Two parents living across town in Lafayette Parish face a different feasibility conversation than two parents split between parishes an hour apart.
The Child’s Own Voice
Older kids get some say too. A judge can weigh a child’s own preference, along with each parent’s willingness to support the other parent’s relationship with the kids, before signing off on any schedule.
If You Already Have a Custody Order, Nothing Changes by Itself
Act 605 does not reopen an existing custody order on its own. If your custody arrangement was in place before August 1, 2026, it stays exactly as written until someone asks a court to change it.
Louisiana courts have long required proof before they’ll change a custody order, and that didn’t change when Act 605 passed. If your order came from an agreement between you and the other parent, you generally need to show a material change in circumstances. If a judge made the original decision after a hearing, you have to show the current setup is actually hurting your child, or that the benefits of a change clearly outweigh the disruption.
If you’re already wondering whether your situation qualifies, Schnaars Law Firm, LLC talks Lafayette families through exactly this question before anyone files paperwork.
What to Do If You’re Filing After August 1, 2026
A few steps make the difference between a smooth filing and a surprise at the hearing if your case heads to court after August 1, 2026.
- Pull your current schedule and count actual overnights, not the plan on paper, since courts look at time spent, not intentions.
- Gather proof of stability, such as school records, activity schedules, and work hours.
- Flag any safety concerns early, since the best-interest factors treat abuse risk as the first consideration.
- Talk to a Louisiana Act 605 attorney before the first hearing, not after.
