Starting August 1, 2026, Louisiana’s new Act 605 changes the starting point for joint custody cases by creating a stronger presumption that parents should share physical custody equally. While the law shifts the burden toward the parent seeking an unequal arrangement, it does not eliminate the court’s discretion or change the requirement that every custody decision must serve the child’s best interests. Existing custody orders are not automatically affected, and modifications still require a material change in circumstances. If you have a custody case pending or are considering changing an existing order, understanding how Act 605 may impact your case is important.
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If you’re a parent in Central Louisiana with a custody case in the works, there’s a legislative change headed your way that’s worth understanding before your next hearing. Act 605 takes effect August 1, 2026, and it shifts how judges approach joint custody from the ground up.
Below is a closer look at what the law changes, what it leaves unchanged, and what parents should know moving forward. At Jones Law Partners, our family law attorneys are committed to helping Louisiana families understand how changes like these may affect their rights and options.
The One-Word Change That Matters: ‘Should’ to ‘Shall‘
Louisiana’s custody statute, La. R.S. 9:335(A)(2)(b), used to say that when parents share joint custody, physical custody time “should” be split equally between them, so long as that was workable and served the child’s best interest. Act 605 swaps that single word for “shall.”
It sounds minor. It isn’t. In statutory language, “should” leaves room; “shall” is a directive. Once the amendment takes effect, judges will start every joint custody case from the assumption that both parents get roughly equal time with their child, and it will fall to whichever parent wants something different to make the case for why.
Why This Matters More Than It Looks
Before Act 605, a judge had a lot of room to land somewhere other than 50/50 without spelling out much justification. That’s part of why so many custody schedules around Alexandria ended up unequal, particularly when one parent had historically done most of the day-to-day caregiving and courts defaulted to naming that parent’s home as the primary residence.
Under the new rule, that kind of outcome doesn’t disappear, but it does require more from the parent asking for it. If you want an arrangement other than equal time, expect the court to want specific findings, not just a general sense that the old routine was working.
Here is a quick comparison table:
| Before August 1, 2026 | After August 1, 2026 | |
| Statutory language | Custody “should” be shared equally, if feasible | Custody “shall” be shared equally, unless not feasible or not in the child’s best interest |
| Starting point for judges | No firm presumption toward equal time | Equal time is the presumed outcome |
| Burden | Neither parent starts with an advantage | Parent seeking unequal time generally must justify it |
What Act 605 Does Not Change
A few things about Louisiana custody law are unaffected by Act 605:
- The best-interest standard still runs the show. Article 134 of the Louisiana Civil Code lists 14 factors judges weigh in every custody decision, everything from each parent’s capacity to provide day-to-day care to the stability of the home environment to the potential for abuse, which the statute treats as the primary consideration. Act 605 doesn’t touch this framework; it just changes where the analysis starts.
- Domestic violence protections hold firm. If there’s a documented history of family violence, La. R.S. 9:364 and 9:341 still give courts the authority to restrict or condition a parent’s custody and visitation. The new equal-time presumption doesn’t override those protections.
- Judges can still deviate from 50/50. Act 605 raises the bar for doing so, but it doesn’t remove judicial discretion. A judge can still order unequal time when the facts call for it.
- Old orders aren’t automatically rewritten. If you already have a custody arrangement, Act 605 doesn’t reopen it. Changing an existing order still requires showing a material change in circumstances, and the new law by itself typically won’t satisfy that requirement.
Could a Judge Still Order Something Other Than 50/50?
Even under the new presumption, unequal custody remains on the table in situations like:
- One parent has a documented history of family violence, substance abuse, or neglect
- The parents live far enough apart that true 50/50 time-sharing would disrupt the child’s school routine
- A parent’s work schedule can’t realistically support a consistent equal-time arrangement
The difference after August 1 is that a ruling like this needs to rest on specific, on-the-record findings rather than general discretion, which also means these decisions are more exposed to being challenged on appeal.
What This Change Could Mean for Louisiana Families
Whether you’re preparing for a new custody case or already have a court order in place, Act 605 may affect how Louisiana courts approach custody decisions moving forward. Here’s what the new law could mean depending on your situation:
- If you’re starting a new custody case after August 1, 2026: Courts will begin with the presumption that both parents should share physical custody equally. If you believe a different arrangement better serves your child’s needs, whether because of distance, scheduling, safety concerns, or other circumstances, you should be prepared to present evidence supporting that position.
- If you already have a custody order in place: Act 605 does not automatically change existing custody arrangements. If your current order is working well for your family, no action is required. However, if you’re considering asking the court to modify your custody order, the new law may influence how a judge evaluates your request. You’ll still need to demonstrate a material change in circumstances before an existing order can be modified.
- If you currently have less than equal parenting time: The new law strengthens the presumption in favor of equal physical custody, but it does not make it easier to modify an existing order on its own. A material change in circumstances is still required. While Act 605 doesn’t automatically reopen prior custody decisions, it may shape how courts approach future modification requests.
Understanding these changes can help you prepare for future custody proceedings and make more informed decisions moving forward.
Talk to a Family Law Attorney Before Your Next Court Hearing in Louisiana
Every child custody case turns on its own facts, and a change like this can shift strategy in ways that aren’t always obvious from the outside looking in. If you have a hearing coming up, or you’re thinking about whether Act 605 changes anything for your family, it’s worth talking it through with an experienced legal team who handles these cases regularly.
At Jones Law Partners, custody cases aren’t just files to us. Our whole team is built around treating every case with the kind of care we’d want for our own families. For years, we have been guiding Central Louisiana families through custody matters, and we’re paying close attention to how Act 605 is likely to play out in local courts. Contact us today and let us discuss your options before your next court date.
Frequently Asked Questions:
1. Does Act 605 require equal (50/50) custody in every case?
No. Act 605 establishes a presumption that physical custody will be shared equally when joint custody is ordered, but it does not require a 50/50 arrangement in every case. A court may order a different schedule if equal parenting time is not feasible or is not in the child’s best interests.
2. When does the new custody law take effect?
Act 605 takes effect on August 1, 2026. Custody matters heard on or after that date will generally be decided under the amended law.
3. Will Act 605 automatically change my existing custody order?
No. Existing custody orders remain in effect unless they are modified by the court. To request a modification, a parent must still demonstrate a material change in circumstances. The enactment of Act 605 alone is generally not enough to justify modifying an existing order.
4. How does Louisiana distinguish between legal and physical custody?
Legal custody refers to a parent’s authority to make important decisions regarding a child’s education, healthcare, and other major aspects of the child’s upbringing. Physical custody refers to where the child lives and how parenting time is divided between the parents. Act 605 specifically addresses the allocation of physical custody in joint custody cases.
5. Does Act 605 affect Louisiana’s domestic violence custody laws?
No. Louisiana’s laws addressing family violence and child safety remain unchanged. Courts may continue to restrict or condition custody and visitation when there is evidence of domestic abuse or other circumstances that affect the child’s safety and well-being.
6. What if I already have a custody case pending?
If your custody hearing takes place on or after August 1, 2026, the amended statute may apply. If you have questions about how the new law could affect your case, consider consulting a family law attorney for guidance based on your specific circumstances.
7. Do I need an attorney to modify a custody order under Act 605?
An attorney is not required to seek a custody modification. However, modifying an existing custody order generally requires demonstrating a material change in circumstances and showing that the requested modification is in the child’s best interests. A family law attorney can help explain the applicable legal standards and assist with the modification process if needed.
