Louisiana's equal custody law now starts at 50/50

A new Louisiana custody law took effect Aug. 1, 2026, and now requires courts to begin joint custody cases with equal parenting time unless a judge finds that arrangement is not feasible or not in a child’s best interest. Moisant Law Firm says the change could reshape new custody filings across Metairie and Greater New Orleans, while leaving existing orders in place unless a parent seeks modification.

Why it matters: - Louisiana courts now start joint custody cases from a presumption of equal parenting time, changing the baseline for parents in Metairie, New Orleans and surrounding parishes. - Parents asking for something other than 50/50 custody now face the burden of showing why a different schedule is needed. - Existing custody orders do not change automatically, so parents with older orders still need to go back to court to seek a modification.

What happened: - Louisiana's Act 605 took effect on Aug. 1, 2026. - The law amended La. R.S. 9:335(A)(2)(b), replacing the word "should" with "shall" in the state’s custody statute. - The new rule says physical custody time "shall" be shared equally unless a court finds equal custody is not feasible or not in the child’s best interest. - Moisant Law Firm is using the new law to advise parents in Metairie and the Greater New Orleans area, including Jefferson Parish and Orleans Parish.

The details: - The law changes the starting point in joint custody cases to an expected 50/50 parenting-time split. - Judges still keep discretion to order unequal custody when the facts support that result. - Courts must still apply Louisiana’s best-interest-of-the-child factors. - Those factors include each parent's ability to provide care, the emotional ties between parent and child, and the stability of the child’s environment. - Cases involving domestic violence, substance abuse or parental unfitness remain subject to the same protective review. - The law does not retroactively modify current custody orders. - A parent seeking to change an existing arrangement still must show a material change in circumstances. - The new law does not erase that legal standard, but it may affect how judges evaluate modification requests. - Timing matters because whether Act 605 applies can depend on when a case was filed and where it stands in the process. - Moisant Law Firm says that makes early legal guidance especially valuable. - Samantha Moisant said the change is one of the most significant shifts in Louisiana custody law in years. - Moisant said parents with a new case or an order that no longer works for their family should understand the new presumption before going to court.

Between the lines: - The statute pushes Louisiana closer to a default equal-parenting model, but it does not create an automatic result in every case. - The biggest practical effect will likely fall on new filings, while older cases may still turn on modification rules and judicial discretion. - Families with safety concerns still have the same ability to raise those issues under existing child-welfare standards.

What's next: - Parents filing for divorce or custody after Aug. 1, 2026 should expect courts to begin with equal parenting time as the baseline. - Parents with existing orders who want a change will still need to meet the legal threshold to reopen their case. - Moisant Law Firm is encouraging parents in Jefferson, St. Charles, St. Tammany, Plaquemines and Terrebonne parishes to seek consultations about how the law may affect their case. - The firm's family-law practice says it will continue handling divorce, child custody, child support, community property partition and relocation matters across the Greater New Orleans region.

The bottom line: - Louisiana's custody law now starts with equal time, but judges still have the final say when equal sharing is not workable or not in a child's best interest.