What is a parenting plan in Louisiana?

A parenting plan is a written document in which parents set out how they will share custody and time with their children. In Louisiana it can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to change an existing order. In a joint custody case the arrangement is written into a joint custody implementation order, and a Louisiana court approves custody in the best interest of the child (Louisiana Civil Code Article 131).

What is the difference between a parenting plan and a custody order in Louisiana?

In Louisiana a parenting plan is the written arrangement the parents propose, while a custody order is what the court enters. In a joint custody case, Louisiana law requires the court to render a joint custody implementation order, except for good cause, which sets the parents' physical-custody time periods and legal authority (Louisiana Revised Statutes Section 9:335). When the court adopts the plan, it becomes that binding order, decided in the best interest of the child.

What is a domiciliary parent in Louisiana?

In a Louisiana joint custody decree, the court designates a domiciliary parent, except where an implementation order provides otherwise or for good cause. The domiciliary parent is the parent with whom the child primarily resides, while the other parent has physical custody during time periods that assure frequent and continuing contact. The domiciliary parent has authority to make decisions affecting the child unless the implementation order provides otherwise (Louisiana Revised Statutes Section 9:335(B)).

What is a joint custody implementation order in Louisiana?

A joint custody implementation order is Louisiana's version of a parenting plan. When joint custody is decreed, the court must render one, except for good cause, that allocates the time periods each parent has physical custody so the child has frequent and continuing contact with both parents, and allocates the parents' legal authority and responsibility (Louisiana Revised Statutes Section 9:335). To the extent feasible and in the child's best interest, physical custody should be shared equally.

What standard do Louisiana courts use to decide custody?

A Louisiana court awards custody in accordance with the best interest of the child (Louisiana Civil Code Article 131), weighing the relevant factors listed in Civil Code Article 134. Absent parental agreement the court awards joint custody unless one parent shows by clear and convincing evidence that sole custody serves the child's best interest (Article 132). Louisiana looks to which arrangement best supports the child, not to a fixed formula.

Is physical custody shared equally in Louisiana?

Louisiana law says that, to the extent it is feasible and in the best interest of the child, physical custody of the children should be shared equally (Louisiana Revised Statutes Section 9:335(A)(2)). This is a guideline, not a guarantee: the joint custody implementation order allocates the actual time periods based on the child's best interest, and the court still designates a domiciliary parent with whom the child primarily resides.

Does Louisiana require a parenting-plan form or a class?

Louisiana does not use a single statewide parenting-plan form; in a joint custody case the arrangement is written into the joint custody implementation order entered with the judgment (Louisiana Revised Statutes Section 9:335). Any parenting-education seminar requirement in Louisiana comes from the local district court's rules or an order in your case rather than a universal statewide statute, so check your district court's rules.

Louisiana Parenting Plan

Q: Does Louisiana presume joint custody?

Louisiana effectively starts from joint custody. If the parents do not agree, the court awards custody to the parents jointly, unless custody in one parent is shown by clear and convincing evidence to serve the best interest of the child (Louisiana Civil Code Article 132). A parent seeking sole custody in Louisiana carries that clear and convincing burden, which is higher than the ordinary standard.

A Louisiana parenting plan sets out joint custody, the parents' time, and the domiciliary parent that two parents ask the court to approve in the best interest of the child. Attorney review available.

Find out where you stand in Louisiana

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Introduction

In Louisiana, a civil-law state where a court awards custody, and joint custody to the parents unless sole custody is shown to serve the child, a parenting plan is the written agreement two parents use to divide that custody and time with their children, whether they are divorcing, were never married, or are changing an existing custody order. Louisiana is a civil-law state, so its custody vocabulary is its own. A Louisiana court awards custody in accordance with the best interest of the child (Louisiana Civil Code Article 131). If the parents agree, the court follows their agreement unless it is not in the child's best interest; and in the absence of agreement, the court awards custody to the parents jointly, unless custody in one parent is shown by clear and convincing evidence to serve the best interest of the child (Civil Code Article 132). That makes joint custody the starting point in Louisiana. When a court decrees joint custody, it must render a joint custody implementation order, except for good cause, that allocates the time periods each parent has physical custody and the parents' legal authority, and physical custody should be shared equally to the extent feasible and in the child's best interest (Louisiana Revised Statutes Section 9:335). The court also designates a domiciliary parent, the parent with whom the child primarily resides, who has authority to make decisions unless the order says otherwise. DocDraft builds your Louisiana parenting plan from your family's schedule, with attorney review available before you submit it to the court.

Key Things to Know

1
In Louisiana, a civil-law state, a parenting plan is the written document in which two parents set out custody, each parent's time, and decision-making for their children, whether they are divorcing, were never married, or are changing an existing order.
2
A Louisiana court awards custody in accordance with the best interest of the child (Louisiana Civil Code Article 131).
3
In Louisiana, if the parents do not agree, the court awards custody to the parents jointly unless custody in one parent is shown by clear and convincing evidence to serve the child's best interest, so joint custody is the starting point (Civil Code Article 132).
4
Louisiana uses the term domiciliary parent: the parent with whom the child primarily resides, who has authority to make decisions affecting the child unless the implementation order provides otherwise (La. R.S. 9:335(B)).
5
When a Louisiana court decrees joint custody, it must render a joint custody implementation order, except for good cause, allocating each parent's physical-custody time periods and legal authority (La. R.S. 9:335(A)).
6
In Louisiana, to the extent it is feasible and in the best interest of the child, physical custody should be shared equally (La. R.S. 9:335(A)(2)).
7
Louisiana does not use a single statewide parenting-plan form; in a joint custody case the arrangement is written into the joint custody implementation order entered with the custody judgment.

Key decisions before you file

Before you file a Parenting Plan in Louisiana, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

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LOUISIANA PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to change an existing order. In Louisiana, when joint custody is decreed, this plan is written into the joint custody implementation order the parents ask the court to approve in the best interest of the child.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Custody and domiciliary parent. The parents will share [joint / sole to PARENT] custody. In a joint custody arrangement, [PARENT] will be designated the domiciliary parent, the parent with whom the children primarily reside, with authority to make decisions affecting the children unless this order provides otherwise. Major decisions about the children's education, health care, and religious upbringing will be made [jointly, after good-faith discussion / by the domiciliary parent, subject to the other parent's right of review].
Physical custody and time periods. The implementation order allocates the time periods each parent has physical custody so the children have frequent and continuing contact with both parents. To the extent feasible and in the children's best interest, time should be shared equally. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with exchange times].
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer time will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation. A parent who intends to move the children's residence a significant distance will give the other parent written notice before the planned move, so the parents can discuss the change or, if needed, ask the court to review custody and the time periods.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, through mediation before returning to court.

This parenting plan is subject to court approval, is decided in the best interest of the child (Louisiana Civil Code Article 131), and, in a joint custody case, is entered as the joint custody implementation order (Louisiana Revised Statutes Section 9:335). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

Louisiana Requirements for Parenting Plan

Joint Custody as the Starting Point
Louisiana is a civil-law state. If the parents do not agree, a Louisiana court awards custody to the parents jointly unless custody in one parent is shown by clear and convincing evidence to serve the best interest of the child (Louisiana Civil Code Article 132). Joint custody is the starting point.
Best Interest of the Child Standard
A Louisiana court awards custody in accordance with the best interest of the child (Louisiana Civil Code Article 131), weighing the relevant factors in Civil Code Article 134. A parent seeking sole custody must meet the higher clear and convincing evidence standard under Article 132.
Domiciliary Parent
In a Louisiana joint custody decree the court designates a domiciliary parent, except where an implementation order provides otherwise or for good cause. The domiciliary parent is the parent with whom the child primarily resides and has authority to make decisions affecting the child unless the order provides otherwise (Louisiana Revised Statutes Section 9:335(B)).
Joint Custody Implementation Order
Louisiana's parenting-plan analog is the joint custody implementation order. When joint custody is decreed, the court must render one, except for good cause, allocating the time periods each parent has physical custody and the parents' legal authority and responsibility (Louisiana Revised Statutes Section 9:335(A)).
Equal Sharing Where Feasible
In Louisiana, to the extent it is feasible and in the best interest of the child, physical custody of the children should be shared equally (Louisiana Revised Statutes Section 9:335(A)(2)). Your plan should describe the time periods and how they assure the children frequent and continuing contact with both parents.
Decision-Making Authority
Your Louisiana plan should state how the parents will make major decisions about the children's education, health care, and religious upbringing. The implementation order allocates the parents' legal authority; the domiciliary parent may decide unless the order provides otherwise, subject to the other parent's right to ask the court to review major decisions (Louisiana Revised Statutes Section 9:335).
Physical-Custody Time Periods
Your plan should set the time periods for physical custody: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. These time periods are what the joint custody implementation order allocates so the children have frequent and continuing contact with both parents (Louisiana Revised Statutes Section 9:335(A)).
Court Approval and Parenting Class
A Louisiana parenting plan takes effect only when the court approves it in the best interest of the child and, in a joint custody case, enters it as the joint custody implementation order (Louisiana Revised Statutes Section 9:335). Any parenting-education seminar requirement comes from your local district court's rules or an order in your case, not a universal statewide statute.

Find out where you stand in Louisiana

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

Louisiana Requirements for Parenting Plan

Joint Custody as the Starting Point

Best Interest of the Child Standard

Domiciliary Parent

Joint Custody Implementation Order

Equal Sharing Where Feasible

Decision-Making Authority

Physical-Custody Time Periods

Court Approval and Parenting Class

Frequently Asked Questions