Louisiana Act 605: 50/50 Custody 'Shall' Be Shared Starting Aug. 1, 2026

Louisiana Act 605 takes effect August 1, 2026, amending La. R.S. § 9:335(A)(2)(b) so that physical custody "shall be shared equally" between parents unless a court finds equal custody unfeasible or contrary to the child's best interest. The one-word change from "should" to "shall" flips Louisiana's default to a strong 50/50 presumption, shifting the burden onto the parent who wants a different arrangement.

Key Facts

The bill, filed as HB 1239 by Representative Kyle Green Jr., passed both chambers of the Louisiana Legislature unanimously before becoming law without Governor Jeff Landry's signature, according to reporting by American Press. It represents the most significant change to Louisiana's shared-custody framework in years.

Why This Matters Legally

Act 605 changes the starting point for every contested Louisiana custody case filed after August 1, 2026. Under the prior version of R.S. 9:335, courts were instructed that time with each parent "should" be shared equally—hortatory language that judges treated as a goal rather than a command. By substituting "shall," the Legislature converted a suggestion into a directive, and Louisiana courts now begin from the premise that equal physical custody is the correct outcome.

The practical effect is a shift in the burden of proof. Before Act 605, a parent could argue for majority time by pointing to convenience, primary-caregiver history, or general preference, and the court weighed those factors from a neutral position. Now the parent seeking anything other than a 50/50 split must affirmatively demonstrate that equal custody is either not feasible or not in the child's best interest. That is a meaningfully higher bar, and it reframes courtroom strategy for both sides.

Importantly, the presumption is rebuttable, not absolute. The statute preserves judicial discretion where equal custody genuinely does not serve the child—long distances between households, incompatible work schedules, a child's special needs, or documented safety concerns can all support a departure. Louisiana still applies the best-interest factors codified in La. Civ. Code art. 134, so the equal-custody default operates as a strong thumb on the scale, not a mechanical rule.

How Louisiana Law Handles This

Louisiana law now presumes that physical custody shall be shared equally under the amended R.S. 9:335(A)(2)(b), but the statute layers this presumption on top of existing safeguards that survive Act 605 unchanged. The Legislature deliberately preserved Louisiana's domestic-abuse protections, so the 50/50 default never overrides a documented history of family violence.

Under La. R.S. § 9:364, a court that finds a parent has a history of perpetrating family violence must impose supervised or restricted visitation and cannot award that parent sole or joint custody absent specific findings that the parent has completed treatment and poses no continuing threat. That provision controls over the equal-custody presumption—Act 605 does not require a court to hand a documented abuser half the parenting time. Similarly, La. R.S. § 9:341 authorizes courts to restrict visitation when a parent's conduct endangers the child's physical, mental, or emotional health, and that authority remains fully intact.

The amended statute also continues to require an implementation order and, in most cases, a joint custody plan detailing the physical-custody schedule under R.S. 9:335. What Act 605 changes is the baseline that plan must reflect: absent a valid reason to depart, the schedule should approximate an equal division of time. Louisiana joins a growing number of states—including Kentucky, which adopted a similar presumption in 2018—that have moved from discretionary shared-custody language toward a codified equal-time default.

Practical Takeaways

1. File timing matters. The equal-custody presumption applies to cases decided after August 1, 2026. If you have a pending custody matter, ask your attorney how the effective date affects your hearing and whether existing temporary orders will be revisited under the new standard.

2. If you want majority time, build your record now. Under the amended R.S. 9:335, you carry the burden of showing that a 50/50 split is unfeasible or not in the child's best interest. Document work schedules, distance between homes, school logistics, and any safety concerns with specifics—dates, incidents, and third-party corroboration.

3. If you want equal time, the law is now on your side—but not automatically. The presumption gives you a stronger starting position, yet you still need a workable parenting plan that shows equal custody is realistic for your family's geography and schedules.

4. Domestic-violence protections are not weakened. If safety is a concern, La. R.S. § 9:364 and § 9:341 still govern, and courts retain full authority to restrict or supervise custody. Preserve evidence and, if needed, seek a protective order.

5. Revisit existing custody orders carefully. Act 605 does not automatically reopen final custody judgments. Modifying an existing order still requires meeting Louisiana's material-change-in-circumstances standard, so the new presumption alone is unlikely to justify reopening a settled arrangement.

If you are navigating a Louisiana custody dispute as the August 1, 2026 effective date approaches, understanding how the new equal-custody presumption applies to your specific situation can shape both strategy and expectations. A Louisiana family law attorney can help you assess how R.S. 9:335 now interacts with your parenting schedule, distance, and any safety issues in your case.

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.