Louisiana's Act 605 makes 50/50 physical custody the legal starting point in every custody case beginning August 1, 2026. The law, passed unanimously by the Legislature and enacted without Gov. Jeff Landry's signature, changes the custody statute so physical custody "shall be shared equally" unless a court finds equal custody is not feasible or not in the child's best interest — shifting the burden onto any parent who wants a different split.
Key Facts
| Item | Detail |
|---|---|
| What happened | Louisiana enacted Act 605 (HB 1239), making equal physical custody the default |
| When | Signed into law June 2026; takes effect August 1, 2026 |
| Where | State of Louisiana (all parishes) |
| Sponsor | Rep. Kyle Green Jr.; passed unanimously, became law without the governor's signature |
| Statute affected | La. Civ. Code art. 131 and related custody provisions |
| Practical impact | Courts start at 50/50; a parent seeking unequal custody must justify the departure |
Why this change matters legally
Act 605 rewrites the default rule for physical custody in Louisiana. The prior statutory language directed that time with each parent "should" be shared, giving judges broad discretion to land almost anywhere. The new language directs that physical custody "shall be shared equally" unless the court makes a specific finding that equal custody is not feasible or not in the child's best interest.
The word change from "should" to "shall" is not cosmetic. In Louisiana statutory construction, "shall" is mandatory and "should" is permissive. By making equal custody the presumptive outcome, the Legislature shifted the practical burden of proof. Under La. Civ. Code art. 131, the guiding standard remains the best interest of the child, but the starting point moves from a blank slate to a 50/50 baseline. A parent who wants primary custody or a majority of parenting time must now build a record showing why equal time does not serve the child.
This matters because starting points shape outcomes. When 50/50 is the default, the parent opposing it carries the argument, the evidence, and the risk of an adverse ruling. That is a meaningful realignment of leverage in custody negotiations and litigation across Louisiana.
How Louisiana law handles custody after Act 605
Louisiana custody law still runs through the best-interest framework, but Act 605 changes where the analysis begins. Courts continue to weigh the factors in La. Civ. Code art. 134 — including the love and affection between each parent and child, each parent's capacity to provide for the child, the stability of the home environment, and the child's history and ties to school and community. Act 605 layers a 50/50 physical-custody default on top of that factor analysis.
Under the amended framework, a judge who orders anything other than equal physical custody must ground that decision in a finding that equal custody is either not feasible or not in the child's best interest. "Not feasible" typically captures practical obstacles: parents who live far apart, work schedules that make equal exchanges impossible, or a parent whose living situation cannot accommodate the child half the time. "Not in the best interest" reaches the substantive concerns — a documented history of family violence, substance abuse, or neglect, which Louisiana courts already treat as serious limits on custody and parenting time.
Legal custody — the authority to make major decisions about a child's health, education, and religion — is a separate question from physical custody. Louisiana already favors joint legal custody in most cases. Act 605 speaks to physical custody, meaning where the child actually lives and how the calendar is divided, not to the decision-making structure. Parents building a schedule under the new default can model the calendar using our parenting time calculator to see what an equal split looks like in practice.
Because physical custody time is a core input to Louisiana's child support formula, a shift toward more 50/50 orders will also change support outcomes in many cases. When parenting time is closer to equal, the support calculation reflects that shared burden. Parents can estimate the effect with our child support calculator. For the underlying rules, La. R.S. § 9:315 governs how income and physical custody arrangements feed the support obligation.
Practical takeaways for Louisiana parents
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Understand the new default before you file. Starting August 1, 2026, Louisiana courts begin at 50/50 physical custody. If you want a different arrangement, plan to explain why equal time is not feasible or not in your child's best interest, and gather the evidence to support that position.
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Document feasibility factors early. Distance between homes, work schedules, school logistics, and the child's routine all bear on whether equal custody is workable. Keep records — calendars, commute times, and school information — because these practical facts now carry more weight.
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Focus on the best-interest factors in La. Civ. Code art. 134. Whether you seek equal custody or a departure from it, your case is stronger when it is tied to the statutory factors rather than to grievances about your co-parent.
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Build a concrete parenting plan. A detailed, specific plan helps a court see that your proposed schedule serves the child. Learn what goes into one on our parenting plans page, and consider whether mediation or a collaborative divorce process can produce an agreed 50/50 schedule without a contested trial.
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Recalculate support under the new reality. Because physical custody time drives support, a move toward equal time can change what you pay or receive. Run the numbers early so there are no surprises.
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Get oriented on the full process. If you are just starting, our overview of the divorce process and a personalized divorce roadmap can help you sequence your next steps.
Act 605 reflects a national trend toward shared parenting, but Louisiana's version is specific: equal physical custody is now the presumptive answer, and the exceptions must be proven. That is a real change in how Louisiana families should prepare for custody cases beginning August 1, 2026.
If you are navigating a custody dispute or planning to file under the new law, working through the details with a knowledgeable local attorney can help you understand how the 50/50 default applies to your specific circumstances. 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.