Louisiana's Act 605 takes effect August 1, 2026, changing La. R.S. 9:335(A)(2)(b) so that physical custody "shall" be shared equally between parents rather than "should" be. This single-word amendment makes equal 50/50 custody the presumptive default in Louisiana custody cases, though judges retain discretion to deviate for abuse, substance abuse, or parental unfitness.
Key Facts
| Detail | Information |
|---|---|
| What happened | Act 605 (HB 1239) amended La. R.S. 9:335(A)(2)(b), changing "should" to "shall" for equal physical custody |
| When | Signed into law June 2026; effective August 1, 2026 |
| Where | Louisiana (statewide) |
| Who's affected | Parents filing new custody cases on or after August 1, 2026 |
| Key statute | La. R.S. 9:335 (implementation of joint custody) |
| Impact | Equal 50/50 physical custody becomes the presumptive default, not merely a preference |
The change came through HB 1239 by Rep. Kyle Green Jr., which passed both chambers of the Louisiana Legislature unanimously and became law without Gov. Jeff Landry's signature. According to reporting from American Press and The Center Square, the bill's supporters framed it as recognition that children benefit from substantial time with both fit parents.
Why this matters legally
Act 605 shifts Louisiana from an aspirational standard to a mandatory starting point. Before August 1, 2026, La. R.S. 9:335 directed that physical custody "should" be shared equally "to the extent it is feasible and in the best interest of the child." Courts treated this as a goal, not a command, and equal time was one option among many. By replacing "should" with "shall," the Legislature elevated 50/50 physical custody to the presumptive default that a judge must order unless specific evidence justifies deviation.
The word choice matters because Louisiana courts interpret "shall" as mandatory and "should" as directory. This is a foundational rule of statutory construction. The practical effect is that the burden now leans toward the parent seeking anything other than equal time. That parent must show why an unequal arrangement serves the child's best interest, rather than the prior framework where equal time itself had to be justified as feasible.
Importantly, the amendment does not eliminate judicial discretion. Judges may still deviate from the 50/50 default when the record shows domestic abuse, substance abuse, parental unfitness, or other circumstances where equal custody would not serve the child's best interest. The best-interest-of-the-child standard under La. C.C. art. 134 remains the ultimate touchstone. Act 605 changes the starting point, not the destination.
How Louisiana law handles this
Louisiana's custody framework rests on two related concepts that Act 605 affects differently. Legal custody (decision-making authority) and physical custody (where the child lives and the parenting schedule) are governed by separate rules. Louisiana has long favored joint legal custody under La. C.C. art. 132, which presumes both parents share decision-making. Act 605 targets the physical custody schedule specifically through La. R.S. 9:335.
Under the amended statute, when a court orders joint custody, it must now name a domiciliary parent and establish a physical custody schedule that "shall" provide equal time to each parent, subject to the child's best interest. The domiciliary parent designation still matters for practical decisions like school enrollment and address of record, but the physical time itself defaults to an even split.
Existing custody orders are not automatically modified by Act 605. A parent with a pre-August 2026 order who wants to move to 50/50 must still file a motion to modify and meet Louisiana's modification standards. For considered decrees (orders entered after a contested hearing), that means satisfying the demanding Bergeron v. Bergeron burden, which requires showing that continuing the current arrangement is so deleterious to the child that modification's harm is outweighed by its benefit. For stipulated (agreed) orders, the parent need only show a material change in circumstances and that modification serves the child's best interest. Act 605 alone is unlikely to qualify as a material change for existing orders.
Practical takeaways
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If you are filing a new custody case on or after August 1, 2026, expect the court to start from a 50/50 physical custody framework. Build your parenting plan and evidence around that baseline.
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If you believe equal time is not appropriate in your case, gather documentation now. Deviation from the default requires specific evidence such as records of abuse, substance abuse, work schedules that prevent equal parenting, or geographic distance between households.
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If you have an existing custody order, understand it will not change automatically. You must file a motion to modify, and Act 605 by itself likely does not satisfy the material change or Bergeron standards required to reopen a prior order.
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Focus on logistics that support a 50/50 schedule. Courts implementing equal custody will scrutinize practical factors including proximity of the two homes, school districts, and each parent's availability. Parents who live near each other and can coordinate transportation are better positioned.
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Document your involvement in your child's life. Under the best-interest analysis of La. C.C. art. 134, courts weigh each parent's historical caregiving, capacity to provide for the child, and willingness to foster the child's relationship with the other parent. A demonstrated record of engagement strengthens any custody position.
Act 605 represents one of the more consequential changes to Louisiana family law in recent years, accomplished through a single word. Parents navigating custody in Louisiana should understand how the new default affects their strategy, whether they are seeking equal time or arguing for a different arrangement. Because the statute preserves judicial discretion and the best-interest standard, outcomes will still turn on the specific facts of each family.
If you are facing a custody dispute in Louisiana and want to understand how Act 605 applies to your situation, connecting with a Louisiana family law attorney who handles custody matters can help you build a plan around the new default.
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.