Louisiana Act 605: Courts Must Start From 50-50 Custody Aug. 1, 2026

Louisiana's Act 605, signed into law in June 2026, amends La. R.S. § 9:335 so that physical custody "shall be shared equally" between parents unless a court finds equal sharing unfeasible or contrary to the child's best interest. Effective August 1, 2026, the single-word change from "should" to "shall" shifts the legal burden onto the parent who wants an unequal arrangement.

Key Facts

The bill, authored by Rep. Kyle Green Jr., passed the Louisiana Legislature unanimously and became law without Gov. Jeff Landry's signature, according to American Press. Domestic-abuse statutes continue to override the equal-sharing presumption, so the change does not apply where family violence is established.

Why this matters legally

Act 605 changes the default starting point for every contested physical custody dispute in Louisiana. Before this amendment, La. R.S. § 9:335 directed that physical custody "should" be shared equally to the extent feasible — advisory language that gave judges wide discretion to order primary-domiciliary arrangements. The revised statute replaces "should" with "shall," converting a suggestion into a directive.

In statutory interpretation, "shall" is mandatory while "should" is precatory. That single word rewrites how the burden of proof operates. Under the old text, a parent arguing for equal time had to persuade the court it was workable. Under Act 605, the court begins at 50-50, and the parent seeking anything other than equal physical custody must prove that equal sharing is either unfeasible or not in the child's best interest. This is a meaningful shift in litigation posture, even though the child's best interest remains the ultimate legal standard.

The amendment does not eliminate judicial discretion. Courts retain full authority to order unequal custody when the evidence supports it — for example, when parents live far apart, work incompatible schedules, or when one parent's conduct threatens the child. What changes is the presumption from which the analysis begins and who carries the burden to move the court away from equal time.

How Louisiana law handles this

Louisiana custody law distinguishes between legal custody (decision-making authority) and physical custody (where the child lives and the parenting schedule). Act 605 targets physical custody under La. R.S. § 9:335, which governs the implementation of joint custody plans. The overarching best-interest standard in La. C.C. Art. 134 — which lists factors such as the child's emotional ties, each parent's capacity to provide care, and the stability of the home environment — still controls the final decision.

Louisiana already favored joint custody as a policy matter. La. C.C. Art. 132 establishes that in the absence of agreement, the court awards custody to the parents jointly. Act 605 sharpens that preference at the physical-custody level by mandating equal time as the presumptive schedule. The equal-sharing presumption is rebuttable: a parent can overcome it with evidence that a different arrangement serves the child's best interest.

Critically, the domestic-abuse framework in Louisiana's Post-Separation Family Violence Relief Act remains superior to the new presumption. Where a court finds a history of family violence, the equal-custody baseline does not apply, and additional protections govern the custody award. If you are navigating safety concerns, review your options for a personalized divorce roadmap and consult counsel immediately. To understand how the broader case unfolds, our overview of the divorce process explains each stage from filing to final judgment.

Practical takeaways

1. Time your filing with the effective date in mind. Custody matters resolved before August 1, 2026 fall under the old "should" standard, while orders entered after that date apply the mandatory "shall" baseline. If you have flexibility, discuss timing with your attorney.

2. Prepare to prove your position, not just assert it. If you seek more than equal time, gather concrete evidence — school records, work schedules, distance between homes, or documented concerns — because you now carry the burden to justify departing from 50-50.

3. Build a workable equal-time schedule proposal. Courts starting from a 50-50 presumption will scrutinize whether an equal plan is feasible given geography and logistics. Model different arrangements with our parenting time calculator before your hearing.

4. Consider mediation to shape the plan yourselves. Because equal sharing is now the default, many parents will find negotiated parenting plans preferable to litigating around the presumption. Structured mediation lets both parents design a schedule that fits their family rather than accepting a court-imposed default.

5. Document safety concerns thoroughly. The equal-custody presumption yields to domestic-abuse findings, so if family violence is a factor, preserve records and raise it early. Understanding your child custody rights is the first step toward the right arrangement.

If you are facing a custody dispute in Louisiana as the August 1, 2026 effective date approaches, the shift from "should" to "shall" may materially affect your strategy and your parenting schedule. Speaking with a Louisiana family law attorney who understands the amended statute can help you prepare evidence and protect your relationship with your children. You can find a divorce attorney serving your parish through our directory.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.