Louisiana's Act 605 takes effect August 1, 2026, changing one word in La. R.S. 9:335(A)(2)(b) — from custody "should be shared equally" to "shall be shared equally." This directs Louisiana courts to start every custody case from a 50/50 baseline, forcing any parent who wants a different split to prove why departure serves the child's best interest.
Key Facts
| Item | Detail |
|---|---|
| What happened | Act 605 (formerly HB 1239) amended La. R.S. 9:335(A)(2)(b), changing "should be shared equally" to "shall be shared equally" |
| When effective | August 1, 2026 — applies to custody proceedings filed or heard after that date |
| Where | Louisiana (statewide) |
| Who's affected | Divorcing and separating parents, plus courts hearing new or modified custody disputes |
| Key statute | La. R.S. 9:335 (implementation of joint custody / physical custody allocation) |
| Impact | Establishes one of the nation's strongest presumptions toward equal (50/50) physical custody |
Why this change matters legally
The swap from "should" to "shall" transforms a suggestion into a directive. Under the prior statute, equal physical custody was an encouraged goal that judges could weigh alongside other factors. Act 605 reframes 50/50 as the presumptive starting point, and the parent seeking anything else now carries the burden of justifying the departure.
Words like "shall" and "should" are not interchangeable in Louisiana statutory interpretation. "Shall" is mandatory language under La. R.S. 1:3, which provides that the word "shall" is imperative. By choosing "shall," the Legislature signaled that equal sharing is the default rule courts must apply, not merely a preference. As reported by the American Press, practitioners describe this as one of the strongest equal-custody presumptions in the country.
The measure passed the Legislature unanimously and became law without Governor Jeff Landry's signature. That unanimous vote reflects broad bipartisan agreement that both parents should presumptively share physical custody equally after separation, absent a reason to deviate.
How Louisiana law handles custody
Louisiana courts decide custody under the "best interest of the child" standard set out in La. Civ. Code art. 131, which lists the factors judges weigh. Act 605 does not repeal that standard — it channels it. Judges still evaluate the child's best interest, but they now begin from a presumption that a 50/50 physical custody arrangement serves that interest.
The statute preserves meaningful judicial discretion. Under Act 605, courts may order an unequal arrangement when equal sharing is not in the child's best interest, is not feasible, or where evidence of domestic abuse or substance abuse warrants departure. Louisiana already restricts custody awards to abusive parents through the Post-Separation Family Violence Relief Act at La. R.S. 9:364, which creates its own presumption against awarding custody to a parent with a history of family violence. Act 605 does not override those protections.
Crucially, the new law is not retroactive. It applies to custody proceedings filed or heard after August 1, 2026. Existing custody orders entered before that date remain governed by the law in effect when they were rendered. A parent who wants to bring an old order under the new standard must file a motion to modify — and Louisiana still requires a showing of a material change in circumstances (or, for considered decrees, the heightened Bergeron standard from Bergeron v. Bergeron, 492 So. 2d 1193 (La. 1986)) before a court will revisit a prior custody judgment.
Physical custody allocation itself is implemented through La. R.S. 9:335, which instructs courts to allocate physical custody so that the child spends substantial time with each parent. The amended subsection now makes equal sharing the express default the court must implement unless a departure is justified.
Practical takeaways for Louisiana parents
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Confirm your timing. Act 605 applies to custody matters filed or heard after August 1, 2026. If your case is already pending, ask your attorney how the effective date affects your hearing schedule.
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Understand the shifted burden. If you seek more than 50% physical custody, you must now present evidence — feasibility problems, distance between homes, work schedules, the child's needs, or safety concerns — showing why equal sharing does not serve your child's best interest under La. Civ. Code art. 131.
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Document safety concerns properly. Domestic abuse and substance abuse remain valid grounds to depart from 50/50. Preserve police reports, protective orders, medical records, and any evidence relevant to the Post-Separation Family Violence Relief Act at La. R.S. 9:364.
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Existing orders are not automatically changed. If you have a custody order from before August 1, 2026, it stays in force until a court modifies it. Modification still requires proving a material change in circumstances.
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Prepare a feasibility plan. Because courts can decline equal custody when it is not feasible, a realistic 50/50 schedule — addressing school districts, commute times, and each parent's availability — strengthens your position under the new default.
If you are navigating a custody dispute in Louisiana and want to understand how Act 605 applies to your situation, connecting with a Louisiana family law attorney can help you build a strategy around the new equal-custody default. Divorce.law can help you find an attorney serving your parish.
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.